Scottsville City Zoning Code
ARTICLE V
Supplemental Use and District Regulations
§ 170-24 Nonresidential design guidelines.
A.
Applicability. The following standards and guidelines shall be applied to all nonresidential development occurring within the Village of Scottsville, unless such development is a designated local landmark, located within a designated historic district, or located within the Central Business District, as the applicable design guidelines for each of those shall supersede this section. The Nonresidential Design Guidelines for the Village of Scottsville are to be applied by the Planning Board in its review of site plan applications for the construction, reconstruction, alteration or expansion of nonresidential development in the Village. Said Nonresidential Design Guidelines are established under the following conditions:
(1)
The Nonresidential Design Guidelines shall be filed with the Village Clerk and may be amended from time to time as deemed necessary by the Village Board.
(2)
This section authorizes the Village Board to supplement, modify or supersede these regulations in the future by resolution of the Village Board.
(3)
In the event any of the terms of this section conflict with other provisions within the Code of the Village of Scottsville, the provisions of this section shall control except as otherwise provided in this section.
(4)
This section may be amended from time to time without passage of a local law.
B.
Purpose. The purpose of these design guidelines and standards is to preserve and promote the unique character of the Village by ensuring future nonresidential development is consistent with the Village's objectives to:
(1)
Create lively, pedestrian-friendly, and attractive streetscapes for the enjoyment of motorists, as well as pedestrians and bicyclists.
(2)
Encourage the development of retail, offices, restaurants, and other permitted uses in close proximity of each other, creating dynamic activity centers for the benefit of residents and visitors alike.
(3)
Develop industrial parks to resemble a campus-like environment that incorporates open space and pedestrian amenities where appropriate.
(4)
Require the use of varied architectural design elements and features to ensure new nonresidential development provides visual interest and does not detract from the overall streetscape.
(5)
Encourage the development of buildings consistent with the goals of the Leadership in Energy and Environmental Design (LEED) program.
(6)
Ensure that new development building and site design does not negatively impact adjacent residential uses, respecting their existing scale and character.
C.
Reimbursement for professional services. The Village reserves the right to seek the services of engineers, planners, architects, or other professionals to aid the Planning Board in the consideration of all nonresidential development proposals. The applicant shall reimburse the Village for all costs incurred from utilizing professional services in the application review process.
D.
General building design.
(1)
The massing, proportion, and roof styles of new construction should relate to that of surrounding buildings.
(2)
A single, large, dominant building mass shall be avoided. No wall that faces a street or connecting pedestrian walkway shall have a blank, uninterrupted length exceeding 30 feet without including architectural features such as columns, ribs, pilasters or piers, changes in plane, in texture or masonry pattern, or an equivalent element that subdivides the wall into human scale proportions.
(3)
All buildings shall exhibit a clearly defined base, midsection, and crown (see Figures 1 and 2 for single-story and multistory examples). This can be accomplished using a combination of architectural details, materials, textures, and colors.
(4)
To the maximum extent practical, all roof-mounted mechanical equipment shall be screened from view or isolated so as not to be visible from any public right-of-way or residential district within 150 feet of the subject lot, measured from a point that is five feet above grade.
(5)
Alternative energy sources, such as solar panels or shingles, are encouraged and should be incorporated into the design of the building so as not to detract from the overall design.
(6)
Developers and builders are encouraged to utilize roofing materials that reflect sunlight (e.g., lighter colors) or incorporate vegetated roofing. Methods such as these decrease heating and cooling needs on a building by reflecting sunlight rather than absorbing it.
 Figure 1: Single-story structures may utilize a variety of architectural detailing to achieve a clearly defined base, midsection, and crown, including, but not limited to, a foundation water table, facade fenestration, and varied roof features, including dormers. |
E.
Facades. (See Figures 1 and 2 for facade detailing examples.)
(1)
Exterior building walls facing streets or pedestrian walkways shall include windows, building entrances, and other architectural features to create an interesting streetscape and comfortable pedestrian realm. Appropriate facade articulation includes the use of bays, insets, balconies, porches, or stoops related to entrances and windows.
(2)
Along street facades, all new industrial construction shall provide areas of transparency of at least 20% of the wall area, and all new commercial construction shall provide areas of transparency in at least 40% of the wall area. The use of mirrored or tinted glass with less than 40% light transmittance is prohibited.
(3)
Along street facades, all exterior building walls and structures shall be constructed with durable materials such as masonry, stone, brick, finished wood, cement fiber clapboard, stucco or glass. Evidence should be submitted that demonstrates that the exterior building material has sufficient impact resistance at the pedestrian level to withstand normal wear.
(4)
No more than three exterior building materials shall be used on any one side of a building.
(5)
Changes in materials shall occur at inside corners. Material changes at the outside corners or in a plane shall be avoided.
(6)
On corner lots, the primary facade of commercial buildings shall be oriented to face the principle street rather than side streets.
(7)
The front facade and main entrance shall face a public street and shall have a direct, designated pedestrian connection to the street, sidewalks, and parking facilities.
 | Crown Sloped roofs, prominent eave lines, cornice, and/or parapet treatments, material changes, ets. |
Midsection Window details, balconies, railing, material changes and other treatments and details to help unify the building and define its character | |
Base Pedestrian-scaled details and/or pedestrian-oriented storefronts, awnings, arcades, etc. |
Figure 2: The image above depicts a variety of ways that a base, midsection, and crown may be established along the facade of a multistory structure. |
F.
Transitions to residential uses. In addition to the design standards and guidelines of this article and requirements set forth by this chapter for landscaping, screening, and buffering of nonresidential uses, all nonresidential development shall employ building and site design standards to ensure compatibility with adjacent residential development. To the maximum extent practicable, nonresidential development should use all of the following techniques when developed adjacent to a residential use.
§ 170-25 Historic Preservation Commission and Historic Overlay District.
A.
Purpose. It is hereby declared as a matter of public policy that the protection, enhancement and perpetuation of local landmarks and historic districts are necessary to promote the economic, cultural, educational, and general welfare of the public of the Village of Scottsville. Inasmuch as the identity of a people is founded on its past and inasmuch as Scottsville has many significant historic, architectural and cultural resources, which constitute its heritage, this section is intended to:
(1)
Protect and enhance the Rochester Street Historic District, as designated by the National Register of Historic Places maintained by the National Parks Service.
(2)
Protect and enhance other landmarks and historic districts within the Village that represent distinctive elements of Scottsville's historic, architectural, and cultural heritage;
(3)
Foster civic pride in the accomplishments of the past;
(4)
Protect and enhance Scottsville's attractiveness to visitors and the support and stimulus to the economy thereby provided; and
(5)
Ensure the harmonious, orderly, and efficient growth and development of the Village.
B.
Historic Preservation Commission. There is hereby created a commission to be known as the "Scottsville Historic Preservation Commission," which will be the administrative and reviewing body for all historic landmark and district matters.
(1)
The Commission shall consist of five members to be appointed, to the extent available in the community, by the Village Board as follows:
(a)
At least two shall be a resident of an historic district;
(b)
At least one shall be an architect experienced in working with historic buildings;
(c)
At least one shall be an historian; and
(d)
At least one shall have demonstrated significant interest in and commitment to the field of historic preservation evidenced either by involvement in a local historic preservation group, employment or volunteer activity in the field of historic preservation, or other serious interest in the field.
(2)
All members shall have a known interest in historic preservation and architectural development within the Village of Scottsville.
(3)
Commission members shall serve for a term of four years, with the exception of the initial term of one of the five members which shall be one year, one which shall be two years, and one which shall be three years.
(4)
The Chairman and Vice Chairman of the Commission shall be elected by and from among the members of the Commission.
C.
Powers of the Commission. It shall be the duty of the Historic Preservation Commission to exercise aesthetic judgment and maintain the desirable character of landmarks and historic districts, prevent construction, reconstruction, alteration or demolition out of harmony with existing buildings insofar as style, materials, line and detail are concerned. The intent of such duty is to prevent degeneration of property, safeguard public health, prevent fire, promote safety, and preserve local historic beauty and character. In addition to the aforementioned powers, the Historic Preservation Commission shall have the power to:
(1)
Appoint staff and professional consultants as necessary to carry out the duties of the Commission;
(2)
Promulgate rules and regulations as necessary to carry out the duties of the Commission;
(3)
Adopt criteria for the identification of significant historic, architectural, and cultural landmarks and for the delineation of historic districts;
(4)
Designate identified structures or resources as landmarks and historic districts;
(5)
Conduct surveys of significant historic, architectural, and cultural landmarks and historic districts within the Village;
(6)
Formulate recommendations concerning the preparation of maps, brochures and historical markers for selected historic and/or architectural sites and buildings;
(7)
Accept on behalf of the Village government the donation of facade easements and development rights and the making of recommendations to the Village government concerning the acquisition of facade easements or other interests in real property as necessary to carry out the purposes of this chapter;
(8)
Increase public awareness of the value of historic, cultural and architectural preservation by developing and participating in public education programs;
(9)
Make recommendations to the Village government concerning the utilization of state, federal or private funds to promote the preservation of landmarks and historic districts within the Village;
(10)
Recommend acquisition of a landmark structure by the Village government where its preservation is essential to the purposes of this chapter and where private preservation is not feasible; and
(11)
Approve, approve with conditions, or disapprove of applications for certificates of appropriateness pursuant to this chapter.
D.
Designation of landmarks. The Commission may designate an individual property as a local 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; or
(2)
Is identified with historic personages; or
(3)
Embodies the distinguishing characteristics of an architectural style; or
(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.
E.
Designation of historic districts. The Commission may designate a group of properties as an historic district if it contains properties that meet one or more of the criteria for designation of a landmark, and by reason of possessing such qualities it constitutes a defined section of the Village. The procedure for the designation of an historic district shall be as follows:
(1)
Notice of a proposed designation shall be sent by mail to the owner of the property proposed for designation, describing the property and announcing a public hearing by the Commission to consider the designation. Where the proposed designation involves so many owners that individual notice is infeasible, notice may instead be published at least once in a newspaper of general circulation at least 10 days prior to the date of the public hearing. Once the Commission has issued notice of a proposed designation, no building permits shall be issued by the Code Enforcement Officer until the Commission has made its decision.
(2)
The Commission shall hold a public hearing prior to designation of any landmark or historic district in accordance with § 170-61 of this chapter. The Commission, 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 or historic district. The record may also contain staff reports, public comments, or other evidence offered outside of the hearing. The Commission shall forward notice of each property designated as a landmark and the boundaries of each designated historic district to the office of the Monroe County Clerk for public record.
(3)
The boundaries of each historic district designated henceforth shall be specified in detail and shall be filed, in writing, in the Village Clerk's Office for public inspection. The location of historic districts and landmarks shall also be marked as part of the Village's Historic Overlay (HO) District on the Official Zoning Map of the Village of Scottsville.
(4)
The Commission may also seek listing of local landmarks, structures, and districts on the New York State Historic Preservation Office register and/or the National Register of Historic Places maintained by the National Parks Service.
F.
Certificate of appropriateness required. No person shall carry out any exterior alteration, restoration, reconstruction, new construction, or moving of a landmark or property within an historic district; nor shall any person make any material change in the appearance of such property, its light fixtures, signs, sidewalks, fences, steps, paving or other exterior elements which affect the appearance and cohesiveness of the landmark or historic district, without first obtaining a certificate of appropriateness from the Historic Preservation Commission. However, this shall not be construed to prevent normal maintenance as provided for in Subsection J of these provisions.
G.
Criteria for approval of certificate of appropriateness. In passing upon appropriateness, the Commission shall, in addition to any other pertinent factors, test the application against the following levels of control. Failure of the application to fit reasonably well at any one level can provide the basis for denying the certificate of appropriateness. The Historic Preservation Commission shall not consider changes to interior spaces, unless they are open to the public. The Commission's decision shall be based on the following criteria:
(1)
All existing and proposed exterior architectural and design elements which contribute to the character of the historic structure and/or district are retained, with their historic features altered as little as possible;
(2)
Any alteration of the existing property is compatible with its definitive architectural styling and historic character, as well as with the surrounding district;
(3)
New construction is compatible with the district in which it is located, incorporating contextual design features of the surrounding structures and/or district;
(4)
The scale of proposed alteration or new construction is compatible with the property itself, surrounding properties, and the neighborhood;
(5)
All textures, materials, and colors are consistent with historical architectural detailing and relate to similar features of other properties in the neighborhood; and
(6)
There is a clear 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 rhythm of spacing of properties on streets, including setback.
H.
Application procedure for certificate of appropriateness.
(1)
Prior to the commencement of any work requiring a certificate of appropriateness, the owner shall file an application for such a certificate with the Historic Preservation Commission. The application shall contain:
(a)
Name, address and telephone number of applicant;
(b)
Location and photographs of property;
(c)
Elevation drawings of proposed changes, if requested by the Commission;
(d)
Perspective drawings, including relationship to adjacent properties, if requested by the Commission;
(e)
Samples of color or materials to be used;
(f)
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; and
(g)
Any other information which the Commission may deem necessary in order to visualize the proposed work.
(2)
No building permit shall be issued for such proposed work until the Historic Preservation Commission has first issued a certificate of appropriateness. The certificate of appropriateness required by this chapter shall be in addition to and not in lieu of any building permit that may be required by any other ordinance of the Village of Scottsville.
(3)
The Commission shall approve, deny or approve the permit with conditions within 62 days from receipt of the completed application. The Commission shall hold a public hearing on the application, in accordance with § 170-61, at which an opportunity will be provided for proponents and opponents of the application to present their views.
(4)
All decisions of the Commission shall be in writing. A copy shall be sent to the applicant by registered mail and a copy filed with the Village Clerk's office for public inspection. The Commission's decision shall state the reasons for denying or modifying any application.
(5)
Certificates of appropriateness shall be valid for six months. Should the applicant fail to act upon the certificate and/or begin construction within this time, they must reapply to begin work after the expiration of said certificate.
I.
Secretary of Interior's Standards and Guidelines. The applicant shall refer to the Secretary of Interior's Standards and Guidelines for the Treatment of Historic Properties for the appropriate approach to repairing, replacing, or altering historic properties. The Historic Preservation Commission may utilize the aforementioned Standards and Guidelines to assist in the design review process in the determination of the appropriateness of an application.
J.
Reimbursement for professional services. The Village reserves the right to seek the services of engineers, planners, architects, or other professionals to aid the Historic Preservation Commission in the consideration of all certificate of appropriateness applications. The applicant shall reimburse the Village for all costs incurred from utilizing professional services in the application review process.
K.
Maintenance and repair required.
(1)
Nothing in this chapter shall be construed to prevent the ordinary maintenance and repair of any exterior architectural feature of a landmark or property within an historic district, which does not involve a change in design, material, color or outward appearance. Nor shall anything in these provisions be construed to prevent the construction, reconstruction, alteration or demolition of any such feature which the Code Enforcement Officer shall certify is required in the interests of the public safety due to an unsafe or dangerous condition, and nothing in this chapter shall be construed to prevent normal lawn maintenance, gardening, shrub and tree planting.
(2)
No owner or person with an interest in real property designated as a landmark or included within an historic district shall permit the property 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 Historic Preservation Commission, produce a detrimental effect upon the character of the district as a whole or the life and character of the property itself. Examples of such deterioration include:
(a)
Deterioration of exterior walls or other vertical supports.
(b)
Deterioration of roofs or other horizontal supports.
(c)
Deterioration of exterior chimneys.
(d)
Deterioration or crumbling of exterior stucco or mortar.
(e)
Ineffective waterproofing of exterior walls, roofs or foundations, including broken windows or doors.
(f)
Deterioration of any feature so as to create a hazardous condition that could lead to the claim that demolition is necessary for the public safety.
L.
Hardship application procedure.
(1)
After receiving written notification from the Commission 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 Commission makes a finding that a hardship exists.
(2)
The Commission 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 Commission, local preservation groups, and interested parties in a diligent effort to seek an alternative that will result in preservation of the property.
(4)
All decisions of the Commission shall be in writing. A copy shall be sent to the applicant by registered mall and a copy filed with the Village Clerk's Office for public inspection. The Commission's decision shall state the reasons for granting or denying the hardship application. If the application is granted, the Commission shall approve only such work as is necessary to alleviate the hardship.
M.
Hardship criteria for alteration. 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.
N.
Enforcement. All work performed pursuant to a certificate of appropriateness issued under this chapter shall conform to any requirements included therein. It shall be the duty of the Code Enforcement Officer to inspect periodically any such work to ensure compliance. In the event work is found that is not being performed in accordance with the certificate of appropriateness, or upon notification of such fact by the Historic Preservation Commission, 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.
O.
Penalties for offenses. Failure to comply with any of the provisions of this chapter shall be deemed a violation and the violator shall be liable to a fine of not less than $20 nor more than $1,000 for each day the violation continues. Any person who demolishes, alters, constructs, or permits a designated property to fall into a serious state of disrepair in violation of this chapter shall be required to restore the property and its site to its appearance prior to the violation. Any action to enforce this subsection shall be brought by the Village Attorney. This civil remedy shall be in addition to and not in lieu of any criminal prosecution and penalty.
P.
Appeals. Any person aggrieved by a decision of the Historic Preservation Commission relating to hardship or a certificate of appropriateness may, within 30 days of the decision, file a written application with the Village Board for review of the decision. Reviews shall be conducted based on the same record that was before the Commission and using the same criteria.
Q.
Demolition considerations. The intent of this section is to preserve existing structures that significantly contribute the character or historical significance of the Village. This section includes the expectation that owners will assume the role of caretakers for historic structures, with responsibility for maintaining and protecting historic buildings. Furthermore, this section shall have no limitation on the Village's ability to take whatever action necessary to protect the health, safety, and welfare of the public.
(1)
Demolition approval. The demolition of any landmark or historic structure within the Village is considered an unlisted action under SEQR. Site plan approval of a proposed redevelopment plan for the property must be obtained from the Planning Board prior to the issuance of a demolition permit. The Historic Preservation Commission shall grant the demolition and issue a demolition permit when the applicant submits suitable evidence that one or more of the following conditions exists.
(a)
The structure contains no features of architectural and historical significance contributing to the character of the District within which it is located.
(b)
The reasonable economic use for the structure as it exists or as it might be preserved is of such minimal level, and the reuse value of the property without the structure is of such level, that there exists no feasible and prudent alternative to demolition.
(c)
Deterioration has progressed to the point where it is not economically feasible to preserve and reuse the structure consistent with the standards of this article.
(d)
The proposed redevelopment is consistent with the purpose and objectives of this article.
(2)
Historical significance. The Historic Preservation Commission will also consider the structure's architectural character, historical significance, and physical condition, and whether prohibiting demolition will deny the owner of economically viable use of their land. Principal structures will be afforded more protection than accessory buildings.
(3)
Safety hazards. The Village Board may grant relief from this provision if the structure is deemed to be an immediate and irreparable safety hazard by the Code Enforcement Officer.
(4)
Demolition without permit. Property owners who demolish buildings without obtaining approval of a demolition permit shall be required to rebuild the structure to its original historical specifications if deemed appropriate after consideration by the Board. All expenses incurred as a result of said demolition and rebuild requirements shall be the responsibility of the property owner.
(5)
Hardship criteria for demolition. An applicant whose application for a demolition permit has been denied by the Commission may apply for relief on the ground of hardship. In order to prove the existence of hardship, the applicant shall establish that:
(a)
The property is incapable of earning a reasonable return, regardless of whether that return represents the most profitable return possible;
(b)
The property 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 property and preserving it have failed.
§ 170-26 Central Business District design guidelines.
A.
Purpose. The purpose of these design-based criteria is to maintain the original historic and architectural character of the CBD and to ensure future development is compatible and harmonious with its traditional character and design. The objectives of the CBD design guidelines are as follows:
(1)
Encourage a pedestrian-oriented and human-scaled right-of-way, public realm, and streetscape as well as promote safe pedestrian movement, access, and circulation.
(2)
Maintain the dense concentration of commercial, office, civic, cultural, and residential uses that create a mixed-use environment that contributes to the vitality of the CBD and fosters pedestrian activity.
(3)
Promote the use of traditional building materials, architectural features, and fenestration that exist within the CBD when determining appropriate replacement and new construction materials.
(4)
Require the placement and design of buildings to respect the traditional development pattern that is characterized by little to no front or side setbacks, common walls between buildings, and structures that are or appear to be at least two stories in height.
(5)
Utilize alleys and rear entrances to provide safe and convenient access to the rear of the buildings.
(6)
Minimize the visual presence of off-street parking by requiring it be placed to the rear of the buildings and screened from view.
(7)
Promote the Village of Scottsville's neighborhood vitality through the encouragement of rehabilitation and economic development in the CBD that increases property values, protects real estate investment, and attracts new or enhances existing businesses within the Village.
(8)
Promote and protect the public health, safety, comfort, convenience and general welfare by providing for consistent and coordinated treatment of the properties in the designated CBD.
B.
Applicability. These design guidelines shall apply to all uses, except one-family owner-occupied dwellings, within the Central Business District and shall apply to existing structures and new structures, including, but not limited to, any upgrades to existing structures, reconstructions, modifications, additions, expansions, changes of exterior appearance, and new construction. Changes to existing footprints, facades, square footage, or signage are also covered under this section. All applications shall be subject to a design review by the Planning Board of the Village of Scottsville.
C.
Application requirements. Prior to the issuance of a building permit in the Central Business District or any activity set forth in Subsection B, all applicants shall submit the following information to the Village Office:
(1)
Photographs of the site and building which clearly show exterior details.
(2)
Photographs of adjacent buildings or properties.
(3)
Architectural drawings of the proposed exterior changes which clearly illustrate exterior materials, material dimensions, colors, height, and lighting and include an accurate scale.
(4)
Material details, specification sheets, and product literature/samples.
(5)
For new buildings and building additions, applicants shall also follow site plan review submission guidelines.
(6)
Additional information as needed by the Planning Board to complete its review.
D.
Planning Board review. Upon receipt of all required application materials, the Planning Board shall meet with the applicant at the next regularly scheduled meeting to establish completeness of the application. Once the application is deemed complete, the Planning Board has 62 days to render a decision. Decisions on all applications granted after the effective date of this section shall expire if the applicant fails to obtain the necessary building permit and/or begin the actual construction or project within one year.
E.
Historic Preservation Commission review. The Planning Board may refer any application received for property within the CBD to the Historic Preservation Commission for review and recommendation. The Commission shall hold a meeting to consider said application, deliberate, and provide a formal decision on the recommendation to the Planning Board for approval, approval with conditions, or disapproval. Said decision shall be recorded, in writing, mailed to the applicant, and filed with the application by the Village Clerk.
F.
Establishment of standards.
(1)
The Village Board of the Village of Scottsville hereby establishes the Design Guidelines for the Central Business District in the Village of Scottsville to aid the Planning Board of the Village of Scottsville in its review. The Design Guidelines shall be filed with the Village Clerk and may be amended from time to time as deemed necessary by the Village Board.
(2)
This section authorizes the Village Board to supplement, modify or supersede these regulations in the future by resolution of the Village Board.
(3)
In the event any of the terms of this section conflict with other provisions within the Code of the Village of Scottsville, the provisions of this section shall control except as otherwise provided in this section.
(4)
The standards set forth below shall be implemented in conformance with the Village of Scottsville as the Central Business District Design Guidelines as the same may be amended from time to time without passage of a local law.
G.
Standards to guide the Planning Board. To approve or disapprove an application, the Planning Board shall consider whether the proposed alteration or construction is compatible with the structure on the property and/or the surrounding properties in the Central Business District with regard to:
(1)
Building placement and orientation. Placement refers to how a building is situated on the lot. Orientation refers to the location of a building's main axis, or front facade (see Figure 3 for a visual example of the following).
(a)
The placement of nonresidential development shall follow the CBD minimum and maximum yard requirements in Article III of this chapter. Relief from this provision may be provided for historically appropriate architectural elements and pedestrian amenities, such as recessed entries or chamfered corners, as deemed appropriate by the Village Planning Board.
(b)
The front facade of all nonresidential development shall be oriented to the primary street, or at the same orientation as adjacent original buildings.
(c)
Buildings situated at corners should "wrap" the corner by continuing certain facade elements (such as the cornice or horizontal accent bands) on all street elevations.
(d)
Building orientation and main entrances should face the primary street and should be easily identifiable and scaled to the size of the street they are on.
 Figure 3: Buildings should be placed within the space between the minimum and maximum front setback, where applicable, and oriented to the primary street(s), as described in Subsection G(1). |
(2)
Massing, proportion, and height. Massing refers to the volume and shape of a building. Proportion is the relationship between a building facade's width and its height.
(a)
All nonresidential development shall be of a similar massing and proportion to those of adjacent and nearby original buildings.
(b)
In the case of large structures, the overall building mass should be made up of smaller components. A single, large, visually uninterrupted building mass shall be avoided. Buildings greater than 40 feet in width shall be broken up with architectural features to create the appearance of multiple smaller, pedestrian-scaled buildings (see Figure 4 for an example).
(c)
All nonresidential development shall be or appear to be at least two stories in height so as to achieve a strong visual "street edge."
(d)
Buildings which are "squat" in proportion or which have very strong horizontal elements that dominate the facade are discouraged.
(e)
Nonresidential development shall also follow the CBD building height and lot coverage requirements in Article III of this chapter. Relief from this provision may be provided for historically appropriate architectural design elements, as deemed appropriate by the Planning Board.
 Figure 4: Subsection G(2)(b) of this article requires that facades in excess of 40 feet should be visually broken up using architectural features. The image above shows the use of distinct design elements along the primary facade that create the appearance of three individual storefronts. |
(3)
Roof design. Roof design refers to the form of the roof and how it presents itself to the street.
(a)
New construction should utilize roof shapes typical of adjacent or nearby original buildings.
(b)
Longer buildings should provide fluctuations in the roofline which break up the long run of facade and which attract attention to key places such as entryways.
(c)
Air-handling equipment, antennas, satellite dishes and other mechanical equipment should be placed in such a manner as not to be visible from the street.
(d)
Flat roofs shall slope to the back of the building to provide proper drainage and shall include an historically appropriate ornamental cornice.
(e)
Peaked or gable roofs shall have historically appropriate overhangs and ornamental brackets are encouraged.
(4)
Facade composition and fenestration. The arrangement of facade elements in a recognizable and consistent composition. Fenestration refers to the depth, spacing, and rhythm of openings on a facade.
(a)
All facade elements.
[1]
The rhythm of openings on a facade shall observe the sizes, rhythms, and proportions of elements typical of the district's original storefronts and adjacent structures.
[2]
Facade elements such as windows and bays should be of a consistent proportion to each other. Elements which share a common area (e.g., all of the windows at the base level) should be of a consistent proportion and size as well.
[3]
The use of depth is encouraged to highlight facade openings such as windows to create a three-dimensional relief which produces shadows. Windows should not be mounted flush to the exterior of the facade.
[4]
Pairs of window shutters may be used if determined to be typical of the style of building, but should be used consistently and should appear to actually cover the entire window opening when closed. Shutters should not be mounted flush to the exterior of the facade, but hung as if they were functioning on a hinge.
[5]
Storefront construction should be recessed enough at the point of entry to allow the door to swing out without obstructing the sidewalk.
(b)
First floor.
[1]
The lower floor levels of a facade should provide the highest amount of facade opening and articulation. The ground floor should be very open and inviting to the pedestrian, and employ the strongest use of depth in the facade.
[2]
The pedestrian zone, the area typically two to eight feet above the sidewalk, shall have a minimum of 60% clear glass or the average of adjacent and nearby original buildings' pedestrian zone, whichever is greater. The pedestrian zone should not be obscured, allowing visual access to the interior of the building (see Figure 5 below).
[3]
Display windows shall not be covered up, removed, or downsized. The use of opaque or heavily tinted glass is not permitted. If screening is necessary, interior blinds or curtains are encouraged.
[4]
Awning or transom windows are encouraged at the street level.
[5]
All entrances into first floor commercial spaces shall face the principal street and located to afford direct access from the sidewalk.
[6]
All entrances into upper floors shall be located to afford direct access from the sidewalk.
(c)
Upper floors.
[1]
The facade for the upper floors shall incorporate a minimum of 25% of transparent glass openings or the average of such on adjacent and nearby original buildings, whichever is greater (see Figure 5).
[2]
The spacing of upper-floor openings shall match that of the major storefront elements on the first floor.
[3]
Upper-floor openings shall be residential in size, proportion, and character. Upper-floor windows shall be double-hung with ornamental elements such as a flat stone lintel or hoodmolds. Other traditional window styles that match that of adjacent or nearby original buildings are permitted.
[4]
Original window openings shall not be bricked in or downsized in any way. Replacement windows shall fill the original size of each opening; lowered ceilings should have a soffit at each window that allows retention of the full window height.
(5)
Building materials, textures, and colors.
(a)
Building materials, textures, and colors should be complementary to adjacent buildings so as not to detract from the traditional and historic character of the CBD. The number of colors utilized on a single building shall be no more than three, unless otherwise approved by the Planning Board.
(b)
A single material should be used as the dominant theme in the facade, with secondary materials used only to highlight and accent the design.
(c)
The use of stucco, vinyl siding, plastic panels, sheet metal, clear-coated aluminum, stainless steel, or smooth concrete is prohibited.
(d)
The use of modern and nontraditional materials or textures may be permitted with Planning Board approval.
(e)
All brick, stone, concrete, or other masonry materials shall also match the size, color, and style of existing original masonry elements in the CBD.
(f)
All wooden materials shall be finished using either stain or paint to match the color and style of existing original wooden elements in the CBD.
(g)
All metal materials shall be finished and colored to match the traditional elements of the CBD.
(h)
All unpainted architectural elements, especially masonry elements, shall remain unpainted unless weatherization suggests additional protection is necessary.
(6)
Parking. The following parking accommodations are the desired elements for any new development.
(a)
Each dwelling unit shall have a minimum capacity to park one vehicle off-street.
(b)
No parking shall be permitted in the front yard.
(c)
Off-street parking spaces shall be relegated to the rear of buildings. In the case of a substantial physical limitation to the location of said parking in the rear of a building, the Planning Board may approve the provision of off-street parking spaces in the side yard provided the following conditions are met (see Figure 6 for a visual interpretation):
[1]
The parking area is located a minimum of 10 feet behind the front facade;
[2]
The parking area, or access to said parking area, does not exceed 40% of the lot frontage; and
[3]
Landscaping and buffering elements are provided to the satisfaction of the Planning Board to adequately screen the parking area from the public roadway and adjacent residential districts, if applicable.
 Figure 6: Side yard off-street parking lot requirements as described in Subsection G(6)(c) of this article. |
(d)
Off-street parking facilities shall be screened so as to minimize visibility from the public roadway.
(e)
Parking areas are preferably to be accessed by alleys.
(f)
To reduce the pavement areas, shared parking agreements should be utilized between uses based on alternate peak demand.
(g)
Alternate paving materials such as permeable pavement, brick or stone, and embossed asphalt are encouraged.
H.
Additional regulations.
(1)
Street-level residential occupancies are prohibited in the CBD.
(2)
Any signs, awnings, and storefronts shall be oriented and scaled to the pedestrian zone so as not to negatively impact the visual character of the street.
(3)
Existing original architectural elements and features of buildings shall be retained to the greatest extent practicable, unless otherwise permitted by the Planning Board.
(4)
Existing original architectural elements and features of buildings that are in need of repair or replacement shall be done so in kind by either reusing original materials or duplicating the design and materials of the original as closely as possible, unless otherwise permitted by the Planning Board.
(5)
In the event that original architectural elements or features have previously been removed or altered from original buildings, subsequent efforts to repair or replace these elements should be done in such a way to return the building to its original historic specifications as closely as possible.
(6)
The Village Planning Board reserves the right to consult with any other board, commission, department, agency, and/or official it deems advisable for the purposes of design review and considerations.
(7)
The Village may also engage the services of engineers, planners, architects, or other professionals to aid in the consideration of all nonresidential development. The applicant shall reimburse all costs incurred for such professional services to the Village.
I.
Demolition considerations. The intent of this section is not to prohibit the demolition of nonresidential structures within the CBD, but to preserve existing structures that significantly contribute the character or historical significance of the district. This section includes the expectation that owners will assume the role of caretakers for district structures, with responsibility for maintaining and protecting district buildings. Furthermore, this section shall have no limitation on the Village's ability to take whatever action necessary to protect the health, safety, and welfare of the public.
(1)
Demolition approval. The demolition of any nonresidential structure within CBD is considered an unlisted action under SEQR. Site plan approval of a proposed redevelopment plan for the property must be obtained from the Planning Board prior to the issuance of a demolition permit. The Planning Board shall grant the demolition and issue a demolition permit when the applicant submits suitable evidence that one or more of the following conditions exists:
(a)
The structure contains no features of architectural and historical significance contributing to the character of the district within which it is located.
(b)
The reasonable economic use for the structure as it exists or as it might be preserved is of such minimal level, and the reuse value of the property without the structure is of such level, that there exists no feasible and prudent alternative to demolition.
(c)
Deterioration has progressed to the point where it is not economically feasible to preserve and reuse the structure consistent with the standards of this article.
(d)
The proposed redevelopment is consistent with the purpose and objectives of this article.
(2)
Historical significance. The Planning Board will also consider the structure's architectural character, historical significance, and physical condition, and whether prohibiting demolition will deny the owner of economically viable use of their land. Principal structures will be afforded more protection than accessory buildings.
(3)
Safety hazards. The Village Board may grant relief from this provision if the structure is deemed to be an immediate and irreparable safety hazard by the Code Enforcement Officer.
(4)
Demolition without permit. Property owners who demolish buildings without obtaining approval of a demolition permit shall be required to rebuild the structure to its original historical specifications if deemed appropriate after consideration by the Board. All expenses incurred as a result of said demolition and rebuild requirements shall be the responsibility of the property owner.