It is hereby declared as a matter of public
policy that the protection, enhancement and perpetration of historic
landmarks is necessary to promote the economic, cultural, educational,
and general welfare of the public. Inasmuch as the identity of people
is founded on its past, and inasmuch as the City of Corning has many
significant historic, architectural and cultural resources which constitutes
its heritage, this chapter is intended to:
A. Protect and enhance the historic landmarks which represent
distinctive elements of the City of Coming's historic, architectural
and cultural past;
B. Foster civic pride in the accomplishments of the past;
C. Protect and enhance the City of Corning's attractiveness
to visitors and support and stimulus to the economy thereby provided;
and
D. Insure the harmonious, orderly, and efficient growth
and economically feasible development of the City of Corning's historic
assets.
There is hereby created a commission to be known
as the City of Corning Historic Preservation Commission.
A. The Commission shall consist of five members to be
appointed by the Mayor, subject to City Council approval.
B. Commission members shall serve for five-year terms.
C. The appointment of members to the board shall be for terms so fixed that one member's term shall expire at the end of the calendar year in which such members were initially appointed. The remaining members' terms shall be so fixed that one member's term shall expire at the end of each year thereafter. At the expiration of each original member's appointment, the replacement member shall be appointed for the five-year term of office established in Subsection
B above.
D. The Chairman of the Commission shall be elected by
and from the members of the Commission.
E. The powers of the Commission shall include:
(1) Promulgation of rules and regulations necessary for
the conduct of its business.
(2) Adoption of criteria for the identification of significant
historic, architectural, and cultural landmarks.
(3) Conduct of surveys of significant historic landmarks
within the City.
(4) Designation of identified structures or resources as historic landmarks as provided for in §
119-3 of this chapter.
(5) Increased public awareness of the value of historic,
cultural and architectural preservation by developing and participating
in public education programs.
(6) Approval or disapproval of applications for certificates
of appropriateness pursuant to this chapter.
F. The Commission shall meet as necessary upon the written
request of two of the Commission members or upon the call of the Chairman.
[Amended 12-3-2018 by L.L. No. 3-2018]
Except for signs in compliance with Chapter
180 of this Code, no person shall carry out any exterior alteration, restoration, reconstruction, demolition, or moving of an historic landmark, nor shall any person make any material change in the appearance of such an historic landmark, its light fixtures, signs, sidewalks, fences, steps, paving or other exterior elements visible from a public street or alley which affects the appearance and cohesiveness of the historic landmark characteristics, without first obtaining a certificate of appropriateness from the Historic Preservation Commission.
An applicant whose certificate of appropriateness
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; and
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.
Within 30 days after receiving written notification
from the Commission of the denial of a certificate of appropriateness,
an applicant may commence an appeal seeking a hardship waiver as provided
by this chapter. Failure to commence such hardship waiver proceeding
within said time limit shall bar the applicant from any further relief
as provided in this chapter.
A. All decisions on hardship waivers of the Commission
shall be in writing. A copy shall be sent to the applicant by certified
mail and a copy filed with the City Clerk's office for public inspection.
The Commission's decision shall state the reasons for granting or
denying the hardship application.
B. Any and all review of such hardship applications shall be by way of CPLR Article 78 proceedings commenced within 30 clays of the filing of the Commission's decision in the City Clerk's Office as provided under Subsection
A above.
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 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 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.
Nothing in this chapter shall be construed to
prevent the ordinary maintenance and repair of any exterior architectural
feature of an historic landmark designated under this chapter which
does not involve a change in design, material, color or outward appearance.