[HISTORY: Adopted by the Board of Trustees
of the Village of Albion 8-10-2005 by L.L. No. 9-2005.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Exterior property maintenance — See Ch. 155.
Subdivision of land — See Ch. 278.
Zoning — See Ch. 290.
[1]
Editor's Note: This local law superseded former
Ch. 173, Preservation of Historic Areas, adopted 11-10-1999 by L.L.
No. 3-1999, as amended.
It is hereby declared as a matter of public
policy that the protection, enhancement and perpetuation of landmarks
and historic districts 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 Albion has many
significant historic, architectural and cultural resources which constitute
its heritage, this chapter is intended to:
A.
Protect and enhance the landmarks and historic districts
which represent distinctive elements of Albion's historic, architectural,
and cultural heritage;
B.
Foster civic pride in the accomplishments of the past;
C.
Protect and enhance Albion's attractiveness to visitors
and the support and stimulus to the economy thereby provided; and
D.
Ensure the harmonious, orderly, and efficient growth
and development of the Village.
There is hereby created a commission to be known
as the "Albion Historic Preservation Commission."
A.
Membership.
(1)
The Commission shall consist of seven members to be
appointed, to the extent available in the community, by the Mayor
as follows:
(a)
At least one shall be an architect experienced
in working with historic buildings.
(b)
At least one shall be an historian.
(c)
At least one shall be a resident of an historic
district.
(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 Albion.
B.
Commission members shall serve for a term of four
years, with the exception of the initial term of one of the seven
members, which shall be one year, one which shall be two years, and
one which shall be three years.
C.
The Chairman and Vice Chairman of the Commission shall
be elected by and from among the members of the Commission.
D.
The powers of the Commission shall include:
(1)
Recommending employment of staff and professional
consultants as necessary to carry out duties of the Commission.
(2)
Promulgation of rules and regulations as necessary
to carry out the duties of the Commission.
(3)
Adoption of criteria for the identification of significant
historic, architectural, and cultural landmarks and for the delineation
of historic districts.
(4)
Conducting surveys of significant historic, architectural,
and cultural landmarks and historic districts within the Village.
(5)
Designation of identified structures or resources
as landmarks and historic districts.
(6)
Acceptance on behalf of the Village government of
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.
(7)
Increasing public awareness of the value of historic,
cultural and architectural preservation by developing and participating
in public education programs.
(8)
Making recommendations to Village government concerning
the utilization of state, federal or private funds to promote the
preservation of landmarks and historic districts within the Village.
(9)
Recommending 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.
(10)
Approval or disapproval of applications for certificates
of appropriateness pursuant to this chapter.
E.
The Commission shall meet at least monthly, but meetings
may be held at any time on the written request of any two of the Commission
members or on the call of the Chairman or the Mayor.
F.
A quorum for the transaction of business shall consist
of the majority of the members of the Commission's members, but not
less than a majority of the full authorized membership may grant or
deny a certificate of appropriateness or hardship relief.
G.
Any member of the Commission shall be disqualified
to act upon a matter before said Commission with respect to a property
in which a member has an interest.
A.
The Commission may designate an individual property
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; 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 unique location or singular physical characteristic,
represents an established and familiar visual feature of the neighborhood.
B.
C.
Notice of a proposed designation shall be sent by
certified mail, return receipt requested, 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, but no more than
20 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.
[Amended 8-11-2010 by L.L. No. 6-2010; 9-22-2010 by L.L. No. 8-2010]
D.
The Commission shall hold a public hearing prior to
designation of any landmark or historic district. 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.
E.
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 Orleans County Clerk for recordation.
No person shall carry out any exterior alteration,
restoration, reconstruction, demolition, 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, freestanding lights, signs, sidewalks, fences,
stairs, outbuildings, walls, driveways or alleys, paving or any other
exterior element which affects the appearance and cohesiveness of
the landmark or historic district without first obtaining a certificate
of appropriateness from the Historic Preservation Commission.
A.
In passing upon an application for a 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 principles:
(1)
Properties which contribute to the character of the
historic district shall be retained, with their historic features
altered as little as possible;
(2)
Any alteration of existing properties shall be compatible
with their historic character, as well as with the surrounding district;
and
(3)
New construction shall be compatible with the district
in which it is located.
B.
In applying the principle of compatibility, the Commission
shall consider the following factors:
(1)
The general design, character and appropriateness
to the property of the proposed alteration or new construction;
(2)
The scale of proposed alteration or new construction
in relation to the property itself, surrounding properties, and the
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 rhythm of spacing of properties on streets, including
setback; and
(5)
The importance of historic, architectural or other
features to the significance of the property.
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 Historic Preservation Commission.
The application shall contain:
(1)
Name, address and telephone number of applicant;
(2)
Location and photographs of property;
(3)
Elevation drawings of proposed changes, if available;
(4)
Perspective drawings, including relationship to adjacent
properties, if available;
(5)
Samples of color or 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; and
(7)
Any other information which the Commission may deem
necessary in order to visualize the proposed work.
B.
No building permit shall be issued for such proposed
work until a certificate of appropriateness has first been issued
by the Historic Preservation Commission. 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 Albion.
C.
The Commission shall approve, deny or approve the
permit with modifications within 62 days from receipt of the completed
application. The Commission may 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.
D.
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.
E.
Certificates of appropriateness shall be valid for
12 months, after which the owner must reapply if he still wishes to
undertake work on the property.
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 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.
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.
A.
After receiving written notification from the Commission
of the denial of a certificate of appropriateness, an applicant may
commence the hardship process with the Commission by making a written
request for relief to the Commission within 30 days. No building permit
or demolition permit shall be issued unless the Commission makes a
finding that a hardship exists.
B.
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.
C.
The applicant shall consult in good faith with the
Commissions, local preservation groups and interested parties in a
diligent effort to seek an alternative that will result in preservation
of the property.
D.
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 granting of denying the hardship
application. If the application is granted, the Commission shall approve
only such work as is necessary to alleviate the hardship.
E.
If the application is granted, the Village Board shall
approve only such work as is necessary to alleviate the hardship and
effect substantial justice. If demolition is approved by the Village
Board, the Commission shall have the right to issue a delayed certificate
of appropriateness. Such certificate shall not permit demolition or
razing for a period of up to 10 months from the date of the Village
Board's granting of hardship, during which time the Commission and
the applicant shall undertake serious and continuing discussion for
the purpose of finding a method to save such property. During such
period, the Applicant and the Commission shall cooperate in attempting
to avoid demolition of the property. At the end of this ten-month
period, if no mutually agreeable method of saving the subject property
bearing a reasonable prospect of eventual success is underway or if
no formal application for funds from any governmental unit or nonprofit
organization to preserve the subject property is pending, the Code
Enforcement Officer may issue the permit to demolish the property.
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 Building
Code Enforcement Officer to inspect periodically any such work to
assure 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 Building
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.
A.
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.
B.
No owner or person with an interest in real property
designated as 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 historic district
as a whole or the life and character of the property itself. Examples
of such deterioration include:
(1)
Deterioration of exterior walls or other vertical
support.
(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.
A.
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 $10 nor more than $100 for each day the
violation continues.
B.
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.
Any person aggrieved by a decision of the Historic
Preservation Commission relating to hardship or a certificate or appropriateness
may, within 15 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.
