Chapter 47: Historic Preservation
§ 47-1. Purpose.
§ 47-2. Definitions.
§ 47-3. Historic Preservation Commission.
§ 47-4. Designation of historical landmarks, historic sites and historic
        districts.
§ 47-5. Certificates of appropriateness.
§ 47-6. Criteria for approval of certificates of appropriateness.
§ 47-7. Application for certificate of appropriateness.
§ 47-8. Hardship criteria.
§ 47-9. Hardship application procedure.
§ 47-10. Maintenance and repair required.
§ 47-11. Administration and enforcement.
§ 47-12. Penalties for offenses.
§ 47-13. Appeals.
§ 47-14. Conflict with other provisions.
§ 47-15. Compliance with provisions required
§ 47-18. Jurisdiction.
§ 47-17. Severability.
§ 47-18. When effective.

[HISTORY: Adopted by the Board of Trustees of the Village of Williamsville 6-10-1996 as L.L. No. 3.1996. [Editor's Note: this local law superseded former Ch. 47, Historic Preservation, as amended, adopted 5-9-1983 as L.L. No. 4-1983.] Amendments noted where applicable.]

GENERAL REFERENCES

Zoning - See Ch. 112.
 
§ 47-1. Purpose.

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 in its past and inasmuch as Williamsville has many significant historic, architectural and cultural resources which constitutes its heritage, this act is intended to:

A. Protect and enhance the landmarks and historic districts which represent distinctive elements of Williamsville's historic, architectural and cultural heritage.

B. Foster civic pride in the accomplishments of the past.

C. Protect and enhance Williamsville's attractiveness to visitors and support and stimulate the village's economy.

D. Ensure the harmonious, orderly and efficient growth and development of the village. 

§ 47-2. Definitions.

ADAPTIVE REUSE - Conversion of a building originally designed for a certain purpose to a different purpose.

ALTER - To change one (1) or more exterior architectural features of a landmark, an improvement on a landmark site or a structure within a historic district.

BUILDING - Any structure or part thereof having a roof supported by columns or walls for the shelter or enclosure of persons or property.

BUILDING INSPECTOR - The Inspector of Building of the Village of Williamsville.

CERTIFICATE OF APPROPRIATENESS - A certificate issued by the Preservation Commission approving plans for alteration, construction, removal or demolition of a landmark, an improvement to a landmark site or a structure within a historic district.

CONSTRUCTION - Building an addition or making alteration to an existing structure or building a net principle or accessory structure.

DEMOLITION - Destruction of a building, structure or improvement.

EXTERIOR - Architectural style, design, general arrangement and components of the outer surfaces of an improvement, building or structure as distinguished from the interior surfaces, including but not limited to the kind and texture of building material and the type and style of windows, doors, signs and other such exterior fixtures.

FACADE - The exterior of a building or structure that can be viewed.

HISTORIC DISTRICT - A geographically defined area so designated pursuant to this Code.

IMPROVEMENT - Any building, structure, parking facility, fence, gate, wall, work of art or other object constituting a physical betterment or any part thereof.

LANDMARK - Property, object, structure or natural feature or any part thereof so designated pursuant to this Code.

LANDMARK SITE - A significant historical or cultural site(s) where buildings or structures no longer east so designated pursuant to this Code.

OWNER - A person, firm or corporation which owns the fee of property or a lessor state therein, a mortgage or vendee in possession, a receiver, an administrator, an executor, a trustee, or any other person, firm or corporation in control of property.

PRESERVATION - Retention of essential character of an improvement, object, building, natural feature or structure as embodied in its existing form, integrity and material. This term includes the retention of trees, landscaping and vegetative cover of a site. This term may include temporary stabilization work as well as ongoing maintenance of historic building materials.

PRESERVATION COMMISSION or COMMISSION - The Historic Preservation Commission for the Village of Williamsville established in this chapter.

PROPERTY - Land and improvements thereon.

RECONSTRUCTION - Reproduction of the exact form and detail of a vanished building, structure, improvement, or part thereof as it appeared at a specific time.

REHABILITATION - Repair or alteration that enables buildings, structures or improvements to be efficiently utilized while preserving those features of buildings, structures or improvements that are significant to their historic, architectural or cultural values.

RESTORATION - Recovery of the form and details of a building, structure or improvement and its site during a particular time.

SITE - A plot or parcel of land.

STRUCTURE - Anything constructed or erected which requires permanent or temporary location on the ground. This term shall include but not be limited to buildings, walls, fences, signs, billboards, lighting fixtures, screen enclosures and works of art.

VILLAGE - The Village of Williamsville, County of Erie, State of New York.

VILLAGE BOARD - The Village Board of the Village of Williamsville, Erie County, New York.

VILLAGE CLERK - Village of Williamsville Village Clerk. 

§ 47-3. Historic Preservation Commission.

"Village of Williamsville Historic Preservation Commission."

B. The Commission shall consist of seven (7) members. Commission members shall serve a term of four (4) years with the exception of the initial term, in which four (4) members shall serve a term of four (4) years and three (3) members shall serve a term of two (2) years.

C. Appointment of Commissioners shall be made by the Village Board.

D. To the extent available, the Commission should consist of the following:

(1) At least one (1) shall be an architect.

(2) At least one (1) shall be a historian.

(3) At least one (1) shall be an individual from the business community.

(4) At least one (1) shall be an archeologist.

(5) At least one (1) member shall be from the Village of Williamsville Historical Society.

(6) All members shall have demonstrated significant interest and commitment to the field of historic preservation.

E. The Chairperson and the Vice Chairperson shall be elected by and from voting members of the Commission. The term of office shall be two (2) years If the Chairperson or Vice Chairperson cannot fulfill their term of office, a Chairperson or Vice Chairperson shall be elected by and from the membership to fulfill the remainder of the term until the next regular election.

F. If any commissioner resigns or otherwise cannot fulfill their term of office, the Village Board shall appoint an interim member to serve the remainder of the term.

G. The Chairperson shall ensure that minutes of all Commission meetings are suitably recorded, prepared and distributed.

H. The powers of the Commission shall include:

(1) To recommend designation of historic landmarks, sites and districts to the Village Board for their consideration.

(2) To advise and recommend to the Village Board on matters of employment of staff and professional consultants as necessary to carry out the duties of the Commission.

(3) To promulgate rules and regulations as necessary for the conduct of its business.

(4) To adopt criteria for the identification of significant historic architectural and cultural landmarks and/or for the delineation of historic districts.

(5) To conduct surveys of significant historic, architectural and cultural landmarks within the village.

(6) To make recommendations to the Village Board on acceptance or donation of facade easements and development rights; the acquisition of facade easements and development rights or other interests in real property as necessary to carry out the purposes of this act.

(7) To increase public awareness of the value of historic, cultural and architectural preservation by developing and participating in education programs.

(8) To make recommendations to the Village Board concerning the utilization of state, federal or private finds to promote the preservation of landmarks and historic districts within the village.

(9) To recommend acquisition of a landmark or structure by the village where its preservation is essential to the purposes of this act and where private preservation is not feasible.

(10) To approve or disapprove applications for certificates

of appropriateness, subject to review by the Building Inspector pursuant to this act.

I. The Commission shall meet at least monthly if any business is pending. Meetings may be held at any time on the written request of any two (2) Commission members. The Commission must meet at least once quarterly.

J. A quorum for the transaction of business shall consist of a majority of the Commission members, but not less than a majority of the full authorized membership may grant or deny a certificate of appropriateness.

§ 47-4. Designation of historical landmarks, historic sites and historic districts.

(1) Is associated with the lives of individuals or of people or of events significant in the national, state or local history.

(2) Embodies the distinctive characteristics of a type, a period or a method of construction.

(3) Represents the work of a master architect or designer or possesses high artistic values.

(4) Represents a significant or distinguished entity whose components may lack individual or special distinction.

(5) Because of a unique location or singular physical characteristic, represents an established and familiar visual feature of the neighborhood.

B. The Commission may recommend designation of a property or a group of properties as a historic site, subject to Village Board approval, if it contains significant historical or cultural sites where buildings or structures no longer exist, such as a battlefield, cemetery or former transportation facility; or sites which may yield information important to area history or prehistory.

C. The Commission may recommend designation of a group of properties as a historic district, subject to Village Board approval, if it:

(1) Contains properties which meet one (1) or more of the criteria for designation as a landmark;

(2) Is an area that represents several periods or styles of architecture typical of different areas of history;

(3) Is an area that has several buildings of the same architectural period or style and thus constitutes unified architectural streetscape consistency or a significant community uniformity of style; or

(4) Is an area connected with significant events or cultural happenings or developments involving ethnic, religious groups or other groups of special historical interest; and

(5) By reason of possessing such qualities, it constitutes a distinct section of the Village of Williamsville.

D. The boundaries of each proposed historic district designated henceforth shall be specified in detail and shall be filed in writing in the Village Clerk's office for public inspection.

E. Notice of a proposed designation shall be sent by the Village Clerk thirty (30) days prior to a public hearing to the owner(s) of any property(ies) proposed for historic designation. The notice shall describe the property proposed for designation, summarize the proposed action and announce the date, time and location of the public hearing. A copy of the notice of proposed designation shall also be sent to the Village Board.

F. Once the Historic Preservation Commission has issued notice of a proposed designation, no building permits shall be issued by the Building Commissioner, except for emergency repairs, until a final determination on the proposed designation has been reached. The Historic Preservation Commission shall provide a copy of any notice of proposed designation to the Building Commissioner.

G. Notice of proposed designation shall also be sent to the Village of Williamsville Highway Department, Village of Williamsville Planning Board, Town of Amherst Assessors Department and any other village department and county or state agency as appropriate. Each department/agency shall be given thirty (30) days from the date of transmission to provide comments on the proposed designation to the Historic Preservation Commission.

H. The Commission shall hold a public hearing prior to recommending designation of any landmark, historic site or historic district. The Commission, property owner 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. A public hearing notice must be published by the Village Clerk in the village's designated official newspaper at least fifteen (15) days prior to the hearing date.

I. The Commission will recommend to the Village Board the designation of a historic landmark, site or district. The Village Board will also conduct a public hearing prior to acting on the recommendation.

J. The Commission shall file notice of each property designated as a landmark and of the boundaries of each designated historic district with the Erie County Clerk's office, the Village of Williamsville Clerk's office, the Village of Williamsville Building Department and the Town of Amherst Assessors Department.

K. Minutes of any business conducted by the Historic Preservation Commission shall be placed on file in the Village of Williamsville Clerk's office.

§ 47-5. Certificates of appropriateness.

§ 47-6. Criteria for approval of certificates of appropriateness.

B. The Commission's decision shall be based upon the following principles:

(1) Features which contribute to the character of the historic landmark or district shall be retained with as little alteration as possible.

(2) Any alteration of existing features shall be compatible with its historic character as well as with the surrounding property.

(3) New construction shall be compatible with the property in which it is located and/or surrounding historic district.

C. 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 itself, surrounding properties and the neighborhood.

(3) Texture, materials and color and their relation to the property itself, surrounding properties and 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.

(5) The importance of historic, architectural or other features to the significance of the property.

§ 47-7. Application for certificate of appropriateness.

(1) Names, address and telephone number of the applicant.

(2) Location and photographs of the property.

(3) Elevation drawings of proposed changes, if available.

(4) Perspective drawings, including relationship to adjacent properties, if available.

(5) Samples of color and/or materials to be used.

(6) Where the proposal includes signs or lettering, a scale drawing showing the type(s) of lettering to he used, all dimensions and colors, a description of materials to he used, method of illumination and a plan showing the sign's proposed location on the property.

(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 Commission shall act to approve or deny a certificate of appropriateness within sixty-five (65) days of the date upon which a completed application is filed with the Historic Preservation Commission. If the application is not acted upon within sixty-five (65) days, the application shall be deemed approved. The applicant may request an extension of the decision deadline date if so desired. The certificate of appropriateness required by this act 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 Williamsville.
 
§ 47-8. Hardship criteria.

A. 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:

(1) The property is incapable of earning a reasonable return regardless of whether that return represents the most profitable return possible.

(2) The property cannot be adapted for any other use permitted by the Village of Williamsville Zoning Ordinance [Editor's Note: See Chapter 112, Zoning] which would result in a reasonable return.

(3) Efforts to find a purchaser interested in acquiring the property and preserving it have failed.

B. An applicant whose certificate of appropriateness for a proposed alteration has been denied may apply for relief on the grounds of hardship. In order to prove the existence of hardship, the applicant shall establish that

(1) The property is incapable of earning a reasonable return regardless of whether that return represents the most profitable return possible.

§ 47-9. Hardship application procedure.

B. The Commission shall hold a public hearing on the hardship application, at which time 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 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 registered mail and a copy shall be filed with both the Village Clerk's Office and with the Building Department. The Commission's decision shall state the reasons for granting or denying the hardship application.

E. No building permit or demolition permit shall be issued while the hardship application is pending. The Commission shall make a determination on whether a hardship exists. Building and demolition permits shall be issued in accordance with that determination.  

§ 47-10. Maintenance and repair required.

B. No owner or person with an interest in real property. designated as a landmark or included within a historical district shall permit the property to fall into a serious state of disrepair so as to result in the deterioration any architectural feature which would, in the judgment of the Historic Preservation Commission, produce detrimental effect upon the character of the historical 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 supports.

(2) Deterioration of roof or other horizontal members.

(3) Deterioration of exterior chimneys.

(4) Deterioration or crumbling of exterior stucco mortar.

(5) Ineffective waterproofing of exterior walls, roofs foundations, including broken windows or doors.

(6) Deterioration of any feature so as to create hazardous condition which could lead to the claim that demolition is necessary for public safety. 

47-11. Administration and enforcement.

B. Enforcement. All work performed pursuant to this chapter shall conform to any requirements included herein. It shall be the duty of the Building Inspector to inspect periodically any such work to assure compliance. In the event that work is found that is not being performed in accordance with the certificate of appropriateness, the Building Inspector shall issue a stop-work order and all work shall immediately cease. No further work shall be undertaken on the project as long as the stop-work order is in effect.

C. The certificate of appropriateness shall be displayed on the building in a location conspicuously visible to the public while work pursuant to the certificate is being done. 

§ 47-12. Penalties for offenses.

B. 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 provisions of this chapter.

C. Any person(s) who demolishes, alters, constructs or permits a landmark to fall into a serious state of disrepair which results in a violation of this chapter shall be required to restore the property and its site to an appearance acceptable to the Historic Preservation Commission. Any action to enforce this subsection shall be brought by the Village Attorney upon authorization by the Village Board. This civil remedy shall be in addition to and not in lieu of any criminal prosecution and penalty.

§ 47-13. Appeals.

§ 47-14. Conflict with other provisions.

§ 47-15. Compliance with provIsions required

§ 47-18. Jurisdiction.

§ 47-17. Severability.

§ 47-18. When effective.

A picture of 5583 Main St Village Hall pictured in 1949 was originally built with limestone mined from the Young's limestone quarry which occupied what is now The Country Club of Buffalo. click here to see a bigger picture.

A picture of Main St looking West taken in 1950. The Ronecker building on the right is now home to Marty's formal wear. Picture courtesy of Dan Crapsi. click here to see a bigger picture.