[HISTORY: Adopted by the Town Board of the Town of Mendon 3-14-1994 by L.L. No.
3-1994 (Ch. 121 of the 1994 Code). Amendments noted
where applicable.]
This chapter shall be known and cited as the "Historic Preservation
Ordinance" of the Town of Mendon.
In accordance with § 96-a of the General Municipal
Law of the State of New York, entitled "Protection of historical places,
buildings, et al," the Town Board of the Town of Mendon has authority
to provide, by regulation, special conditions and restrictions for
the protection, enhancement, perpetuation and use of places, buildings,
sites and structures or other objects having special character or
special historic or other aesthetic interest or value. Pursuant to
that authority, the Town Board has prepared and adopted this chapter,
setting forth standards to be followed in historic preservation.
It is hereby declared as a matter of public policy that the
protection, enhancement and perpetuation of landmarks is necessary
to promote the economic, cultural, education and general welfare of
the public. Inasmuch as the identity of the people is founded on its
past, and inasmuch as Mendon has many historic resources which constitute
its heritage, this chapter is intended to:
A.
Protect and enhance the landmarks which represent distinctive elements
of Mendon's heritage.
B.
Foster civic pride in the accomplishments of the past.
C.
Protect and enhance Mendon'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 of Mendon.
E.
Stabilize and improve property values.
There is hereby created a commission to be known as the "Mendon
Historic Preservation Commission."
A.
The Commission shall consist of five members to be appointed by the
Town Board. In addition, the Town Historian shall serve as an ex-officio
nonvoting member, except that the Historian shall exercise the right
to vote on matters before the Commission when there is a vacancy and
there are not five voting members appointed.
[Amended 3-24-1997 by L.L. No. 2-1997; 1-7-2014 by L.L. No.
1-2014; 10-15-2018 by L.L. No. 3-2018]
B.
Commission members shall serve for a term of two years.
[Amended 3-24-1997 by L.L. No. 2-1997; 1-7-2014 by L.L. No.
1-2014; 10-15-2018 by L.L. No. 3-2018]
C.
The Chairperson of the Commission shall be appointed annually by
the Town Board, and the Vice Chairperson shall be elected by and from
among the members of the Commission.
D.
The responsibilities of the Commission shall include:
[Amended 10-15-2018 by L.L. No. 3-2018]
(1)
Recommendations to the Town Board for the identification of significant
historic, architectural and cultural landmarks.
(2)
Recommendations to the Town Board for the designation of identified
structures or resources as landmarks; agreement to accept for such
designation those structures or landmarks that qualify for such designation,
should the owner(s) so request it, and maintenance of a public register
thereof.
E.
The Commission shall only meet to review applications referred from
the Town Board, Planning Board or Zoning Board of Appeals.
[Amended 10-15-2018 by L.L. No. 3-2018]
F.
Any action of the Commission shall require the affirmative vote of
at least three voting members.
[Amended 1-12-1998 by L.L. No. 2-1998; 1-7-2014 by L.L. No.
1-2014]
G.
All voting members shall have inspected the property concerned before
voting on such certificates of appropriateness or acceptance of any
qualifying landmark for designation.
[Amended 7-14-2003 by L.L. No. 9-2003]
A.
The Commission may accept for designation an individual historic,
architectural or cultural landmark if:
(1)
The Commission determines that said property meets the standards
as established by this chapter, in that:
(a)
The property 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;
(b)
It is identified with historic personages;
(c)
It embodies the distinguishing characteristics of an architectural
style;
(d)
It is the work of a designer whose work has significantly influenced
an age; or
(e)
Because of a unique location or singular physical characteristic,
it represents an established and familiar visual feature of the neighborhood.
(2)
A property owner(s) agrees in writing to the Commission that his/her/their
building, site, structure or landmark be permanently designated for
inclusion as historic or culturally significant and such owner(s)
agrees to abide by the rules as provided for in this chapter.
B.
The owner(s) of the property shall execute a declaration of conditions
and restrictions in recordable form and the Town Clerk shall arrange
to have the declaration recorded in the Monroe County Clerk's
office.
C.
The Town Clerk shall maintain a master list in which all designated
properties are recorded and shall provide copies of the declaration
of conditions and restrictions to the Town Assessor and to the Town
Code Enforcement Officer.
[Amended 10-15-2018 by L.L. No. 3-2018]
Once a property is determined to be a landmark, no person shall
carry out any exterior alteration, restoration, reconstruction, demolition,
new construction or moving of a landmark, nor shall any person make
any material change in the appearance of such a property, its light
fixtures, signs, sidewalks, fences, steps, paving or other exterior
elements visible from a public street which shall affect the appearance,
without first obtaining a certificate of appropriateness from the
Commission.
A.
In passing on an application for a certificate of appropriateness
for private residences or structures, the Historic Preservation Commission
shall not consider changes to the interior spaces or to the exterior
architectural features not considered visible from a public street
or a public right-of-way. However, such public interior space and
interior architectural features of commercial buildings or places
of public assembly shall be subject to review unless exempted in the
Declaration of Conditions and Restriction papers filed with the County
Clerk. If approving any other type of landmark, the Commission shall
consider its effect on the purpose for which the landmark was designated.
All certificates shall terminate after one year unless significant
progress has been made.
[Amended 2-27-2006 by L.L. No. 4-2006; 10-15-2018 by L.L. No. 3-2018]
B.
In applying the principle of compatibility for a landmark, 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 the proposed alteration or new construction in relation
to the property itself, surrounding properties and the neighborhood.
(3)
Texture and materials similar in appearance to the original.
(4)
Visual compatibility with surrounding properties, including proportion
of the property's front facade, roof shape and the rhythm of
spacing of properties on the street, including setback.
(5)
The importance of historic, architectural or other features of the
property.
A.
Prior to the commencement of any work requiring a certificate of
appropriateness, the owner shall file an application for such certificate
with the Commission. Such filing is to take place in the Town Code
Enforcement Officer's office. The application shall contain at
least the following information:
[Amended 10-15-2018 by L.L. No. 3-2018]
(1)
Name, address and telephone number of the applicant.
(2)
Location and photographs of the property.
(3)
Elevation drawings of proposed changes.
(4)
Perspective drawings, including the relationship to adjacent properties,
if available.
(5)
Samples of materials to be used, if required.
(6)
Where the proposal includes signs or lettering, a scale drawing showing
the types 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 the Commission may deem necessary in order
to visualize the proposed work.
B.
No building permit may be issued for such proposed work until a certificate
of appropriateness has been first issued by the 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 code of the Town of Mendon. The certificate of appropriateness
shall be in such form and contain such information and documentation
as shall be prescribed by the Town Board from time to time.
C.
The Commission shall approve, approve with modifications or deny
the application within 60 days from the receipt of a completed application.
The Commission may also hold a public hearing on the application,
at which an opportunity will be provided for proponents and any opponents
of the application to present their views. The applicant will be required
to post a sign provided by the Town in the front yard of the property
subject to the application, for a ten-day period, immediately prior
to the public hearing.
[Amended 2-28-2000 by L.L. No. 4-2000]
D.
All decisions of the Commission shall be in writing. A copy shall
be sent to the applicant via certified mail and a copy filed with
the Code Enforcement Officer and the Town Clerk. The Commission's
decisions shall also state its reasons therefor.
[Amended 10-15-2018 by L.L. No. 3-2018]
E.
A fee, as established by the Town Board, may be required and shall
accompany the application.
An applicant whose certificate of appropriateness has been denied
may apply for a relief from landmark designation on the grounds that
such designation constitutes a hardship. In order to prove the existence
of a hardship, the applicant shall establish one or more of the following
criteria:
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.
C.
Substantial efforts to find a purchaser interested in acquiring and
preserving the property have failed.
D.
Financial inability to perform the required repairs or restoration.
A.
After receiving written notification from the Commission of the denial
of 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.
B.
The Commission shall 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. The hardship application
shall be in such form and shall contain such information and documentation
as shall be prescribed by the Town Board from time to time.
C.
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.
D.
All decisions of the Commission shall be in writing. A copy shall
be sent to the applicant by certified mail and a copy filed with the
Town Clerk and the Code Enforcement Officer. The Commission's
decision shall state the reasons for granting or denying the hardship
application.
[Amended 10-15-2018 by L.L. No. 3-2018]
[Amended 10-15-2018 by L.L. No. 3-2018]
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 Compliance Officer to inspect
periodically and, upon completion of any such work, to assure compliance.
If work is found that is not being performed in accordance with the
certificate of appropriateness, or upon notification of such fact
by the Commission, the Code Compliance 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 which does not involve a change of design or outward appearance.
B.
No owner or person with an interest in real property designated as
a landmark 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 life
and character of the property itself. Examples of 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.
A.
Failure to comply with any of the provisions of this chapter shall
result in the termination of any permits issued or any proceedings
commenced under the provisions of this chapter, and penalties for
offenses thereof shall be under the Enforcement Procedures Law. Penalties
shall be consistent with the Town Zoning Ordinance[1] for violations, as an offense.
B.
Any person who demolishes or alters a designated property or allows
it 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 Town Board. 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 Commission relating
to hardship or a certificate of appropriateness may, within 30 days
of the filing of the decision in the Town Clerk's office, file
a written application with the Town Board for a review of the decision.
The Town Board shall schedule a public hearing on the matter without
unnecessary delay.
Where this chapter imposes greater restrictions than are imposed
by the provisions of any law, ordinance, regulation or private agreement,
the provisions of this chapter shall control. Where greater restrictions
are imposed by any law, ordinance, regulation or private agreement
than are imposed by this chapter, such greater restrictions shall
not be affected by this chapter.
No decision to carry out or approve an action subject to the
provisions of this chapter shall be rendered by any department, board,
commission, officer or employee of the Town of Mendon until there
has been full compliance with all requirements of this chapter. This
shall not prohibit environmental, engineering, economic feasibility
or other studies, preliminary planning or budgetary processes nor
the granting of an application relating only to the technical specifications
and requirements but not authorizing commencement of action until
full compliance with this chapter has been met.
This chapter shall apply to the entire area of the Town of Mendon,
excluding that area within the corporate limits of the Village of
Honeoye Falls.
The Town Board may from time to time amend, supplement, change,
modify or repeal this chapter pursuant to the provisions of the Town
Law and the General Municipal Law applicable thereto.
