[HISTORY: Adopted by the City Council of the City of Corning 7-7-2008 by L.L. No. 2-2008. Amendments noted where applicable.]
GENERAL REFERENCES
Historic properties tax exemption — See Ch. 120.
Zoning — See Ch. 240.
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.
A. 
The Commission may, subject to the approval of the City Council, designate an individual property as an historic landmark, if it.
(1) 
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;
(2) 
Is identified with historic personages;
(3) 
Embodies the distinguishing characteristics of a historically significant architectural style;
(4) 
Is the work of a designer whose work has significantly influenced an age; or
(5) 
Because of unique location or singular physical characteristic, represents an established and familiar visual feature of an historic district listed on the National Register of Historic Places.
B. 
Notice of a proposed designation, under Subsection A above, shall be sent by certified mail to the owner of the property proposed for designation, describing the property proposed and announcing a public hearing by the Commission to consider the designation. Once the Commission has issued notice of a proposed designation, no building permits shall be issued by the Code Enforcement Officer until the Commission has made its decision. Such decision shall be made within 30 days from permit application.
C. 
The Commission shall hold a public hearing prior to the designation of any landmark. The Commission, owners and any interested parties may present testimony or documentary evidence at the hearing which will become part of the record regarding the historic, architectural, or cultural importance of the proposed landmark. The record may also contain staff reports, public comments, or other evidence offered outside of the hearing.
D. 
After such public hearing, the Commission shall issue an advisory report to the City Council recommending approval for any properties the Commission determines meet the criteria contained in Subsection A above for historic landmark designation.
E. 
Upon receiving the Commission's advisory report, the City Council shall either approve or deny such recommended historic landmark designations, and shall forward notice of each property designated by the City Council as an historic landmark to the office of the Steuben County Clerk.
[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.
A. 
In passing upon an application for a certificate of appropriateness, the Historic Preservation Commission shall not consider: changes to interior spaces, unless they are open to the public; or changes to architectural features that are not visible from a public street or alley. The Commission's decisions shall be based upon the following principles:
(1) 
Properties which contribute to the character of the neighborhood shall be retained, with their historic features altered as little as possible; and
(2) 
Any alteration of existing properties shall be compatible with the property's historic character, as well as with the surrounding neighborhood.
B. 
In applying the principles of compatibility, the Commission shall consider the following factors:
(1) 
The general design, character and appropriateness to the property of the proposed alteration.
(2) 
The scale of the proposed alteration or new construction in relation to the property itself, surrounding properties, and the neighborhood.
(3) 
Texture, materials, and color and their relation to similar features of other properties in 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.
A. 
Prior to the commencement of any work requiring a certificate of appropriateness, the owner shall file an application for such a certificate with the Historic Preservation Commission. The application shall contain, unless waived by the Historic Preservation Commission:
(1) 
Name, address and telephone number of applicant;
(2) 
Location and photographs of property;
(3) 
Elevation drawings of proposed changes, if available;
(4) 
Perspective drawings, including relationship to adjacent properties, if available;
(5) 
Samples of color or materials to be used;
(6) 
Where the proposal includes signs or lettering, a scale drawing showing the type 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 customary and reasonable information, at the cost of the applicant, 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 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 law of the City of Corning.
C. 
The Commission may approve, deny, or approve the certificate of appropriateness with modifications within 45 days from receipt of a complete application.
[Amended 12-3-2018 by L.L. No. 3-2018]
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 City Clerk's office for public inspection. The Commission's decision shall state the reasons for denying or modifying any application.
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.
A. 
Violations of any of the provisions of this chapter shall be punishable by a fine of not more than $250 or by imprisonment for not more than 15 days, or both. Each day's continuance of a violation after notice shall be deemed a separate and distinct violation and shall be punishable accordingly.
B. 
Any person who alters, restores, reconstructs, demolishes or moves an historic landmark in violation of this chapter shall be required to restore the property, and the property's site, to the property's appearance prior to the violation. Any action to enforce this subsection shall be brought by the City Attorney. This civil remedy shall be in addition to and not in lieu of any criminal prosecution and penalty.