It is the purpose of this Article to create a procedure by which the Board of Trustees may designate contiguous lots and buildings in a nonresidential zoning district as a design district so that a design development plan may be adopted and implemented so that the property within that area may be improved in a planned and unified manner.
Adoption. The Board of Trustees may, in accordance with the procedures hereinafter set forth, designate a design district outside any residential use zoning district and adopt a design development plan for such design district. Such district must include no less that 60 feet of building frontage comprised either of contiguous properties or properties facing across a public street or sidewalk.
Such a design development plan may be proposed either by the Board or by more than 50% of the owners of property within the proposed design district. Once such a plan has been proposed, the Board may, after due notice and public hearing, adopt a design development plan for such district. In developing a design development plan, the Board shall be governed by the following standards:
Whenever feasible, existing trees, lawn and shrubs will be preserved or enhanced so as to maximize green space.
Pedestrian activity will be encouraged in areas where commerce and public safety make it most desirable.
Whenever feasible, utilities will be underground.
Building facade will respect the architectural lines of buildings.
Whenever feasible, stone or masonry will be unpainted.
Buildings will respect the scale of other buildings within the design district.
One or more elements, such as awning treatment, color material schemes or lettering style, will provide unity and continuity within the district so that the district will have a coherent and recognizable design character.
The treatment of any signs or attracting devices within the district will achieve the same or greater levels of performance and protection as the provisions of Article XIII.
The resulting design district will be compatible with adjacent properties and not excessively similar or dissimilar to other design districts within the Village so that the result is an aggregation of compatible yet individual design districts.
Such plan shall contain the following elements:
Description, including location and design, of improvements, such as trees, benches, tables, lighting standards, paving, landscaping, to be located in or over public streets and sidewalks.
Description and rendering of elements of design units within such district. Such elements may include but are not limited to the following:
Signs, including common or coordinated color, texture, materials and letter schemes.
Awnings and canopies.
Common or coordinated color, material or textural schemes.
Such plan may consist of detailed drawings, plans and specifications for design units as well as written requirements, but may not require extensive alteration in the structure or interior of a building within the unit (other than window displays).
Conformity. Within the period specified in any design development plan for any design district, all design units shall be made to conform to its requirements. After such conformity has been achieved, no change in any design unit subject to the plan (except for normal maintenance) shall be commenced without a permit issued by the Board of Trustees.
The Board of Trustees may, after holding a public hearing, adopt a financing proposal for any designated design district for which a design development plan has been adopted. A financing proposal shall consist of a plan which sets forth those improvements and decorative enhancements contained in the design development plan which are to be paid for wholly by the Village, wholly by benefit assessment or partly by each. The Board of Trustees shall adopt a financing proposal only after public notice in the official newspaper that a hearing will be held on the financing proposal, not less than 10 days after the first publication of such notice, to consider the same, and after said hearing the Board of Trustees may adopt the financing proposal.
If the financing proposal provides for payment in whole or part by benefit assessment, then the Board of Trustees, in adopting the financing proposal and in apportioning and assessing the part of the expense to be raised by benefit assessment, shall conform to the requirements for § 22-2200 of the Village Law, the relevant provisions of the Local Finance Law and all other applicable provisions of law.
In the event that the financing proposal provides for payment in whole or part by benefit assessment, then it shall become effective only if the Mayor files with the Village Clerk within 90 days after the adoption of the financing proposal by the Board of Trustees a petition consenting to the financing proposal containing the notarized signatures of more than 50% of the owners of real property within the design district.
The Board of Trustees, in adopting a financing proposal, may include within it a provision for the Village's condemnation of such real property or interest therein, including, but not limited to, surface rights on a storefront for the connection of any awning and/or the rights to the facade of any such storefront, of any premises located within the design district. In providing for condemnation, the Board of Trustees shall specify the provisions of law pursuant to which said condemnation shall proceed.