[HISTORY: Adopted by the Board of Trustees of the Village
of Hilton 3-16-1981 by L.L. No. 2-1981; amended in its entirety 2-4-2014 by L.L. No. 1-2014. Subsequent amendments noted where
applicable.]
GENERAL REFERENCES
Zoning — See Ch. 275.
The purpose of this chapter is to promote the educational, cultural,
economic and general welfare of the public through the protection,
enhancement, perpetuation and preservation of the Architectural Design
District. The Board of Trustees declares that it is a public purpose
to ensure that the distinctive and historical character of this Architectural
Design District shall not be injuriously affected, that the value
to the community of those buildings having architectural worth shall
not be impaired and that said Architectural Design District shall
be maintained and preserved, in harmony with the community, to promote
its use for the education, pleasure and welfare of the citizens of
the Village of Hilton and others.
As used in this chapter, the following terms shall have the
meanings indicated:
All properties in the Village of Hilton that are zoned CB
Central Business District.
The Architectural Design District.
The architectural style and general arrangement of such portion
of the exterior of a structure as is designed to be open to view from
a public way, including all windows, doors, lights, and other fixtures
appurtenant to such portion.
The Zoning Board of Appeals of the Village of Hilton shall act
as Review Commission for the purposes of this chapter. It shall be
the duty of the Review Commission to exercise aesthetic judgment and
to maintain the desirable character of the district and to prevent
construction, reconstruction, alteration, or demolition which is,
in their view, inconsistent and/or out of harmony with the character,
welfare, and development of the District and the community, thus prevent
degeneration of the property, safeguard public health, prevent fire,
promote safety and preserve the beauty and character of the District
and the community.
A.
Application. This chapter shall apply to all buildings, structures,
outbuildings, walls, fences, steps, topographical features, earthworks,
and paving within the District. No changes in any exterior architectural
feature, including but not limited to construction, reconstruction,
alteration, restoration, removal, or demolition, shall be made except
as hereinafter provided.
B.
Exception. Nothing in this chapter shall be construed to prevent
the ordinary maintenance and repair of any exterior architectural
feature in the District which does not involve a change in design,
or the outward appearance thereof. Nothing in this chapter shall be
construed to prevent the construction, reconstruction, alteration
or demolition of any exterior architectural feature which any governmental
authority shall determine is required by public safety because of
dangerous or unsafe conditions.
A.
Notwithstanding any inconsistent ordinance, local law, code, rule
or regulation concerning the issuance of building permits, no change
in any exterior architectural feature in the District shall be commenced
without a certificate of approval from the Review Commission, nor
shall any building permits for such change be issued without such
a certificate of approval having first been issued. The certificate
of approval required by this section shall be in addition to, and
not in lieu of, any building permit that may be required by any ordinance,
local law, code, rule or regulation of the Village of Hilton.
B.
Application for a certificate of approval shall be made in writing,
in duplicate, upon forms prescribed by the Review Commission, to the
Review Commission, and shall contain the following:
C.
No fee shall be charged for the issuance of a certificate of approval
where the size of the building shall not be materially changed by
the proposed conduct.
Within a reasonable time after application is filed, but in
all events within 60 days, Saturdays, Sundays and legal holidays excluded,
after such filing, or within such further time as the applicant may
in writing allow, the Review Commission shall determine whether the
proposed construction, reconstruction or alteration of the exterior
architectural feature involved will be appropriate to the preservation
of the District for the purposes of this chapter and whether, notwithstanding
that it may be inappropriate owing to conditions especially affecting
the structure involved, but not affecting the District generally,
failure to issue a certificate of appropriateness will involve a substantial
hardship to the applicant and that such a certificate may be issued
without substantial detriment to the public welfare and without substantial
deviation from the intent and purposes of this chapter. In passing
upon appropriateness, the Review Commission shall consider, in addition
to any other pertinent factors, the historical and architectural value
and significance, architectural style, general design, arrangement
of the exterior architectural feature involved and the relationship
thereof to the exterior architectural features of other structures
in the immediate neighborhood.
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 more than $250 or imprisonment up to 15 days, or both,
and each day such violation continues shall constitute a separate
violation.
