This chapter shall be known and may be cited as the "Architectural and
Historical District Local Law of the Village of Warwick, New York."
The Architectural and Historic District shall consist of the area designated
on the map attached to and made a part of this chapter.
In the case of a request for a certificate of appropriateness to demolish,
relocate or remove an improvement within the district, the denial by the Board
shall be effective for six months from the date of the denial. During this
period, if the Board shall determine that the improvement to be demolished
is deserving of preservation, the Board shall endeavor to work out with the
owner an economic plan for the purpose of preservation. If however, an acceptable
plan has not been worked out within six months, the request for a certificate
of appropriateness shall be deemed approved. Nevertheless, any alteration
in improvements on the property located within the district shall remain subject
to the requirements of this chapter.
Nothing contained in this chapter shall be construed to make it unlawful
for any person, without prior issuance of a certificate of no exterior effect
or a certificate of appropriateness, to comply with the order or direction
of the Fire Department, any court or the Board of Trustees, where the alteration,
demolition, relocation or removal of an improvement in the district is ordered
or directed for the purpose of immediately remedying conditions determined
to be a danger to life, health or property.
Whenever the Board is required or authorized to act within a prescribed
period of time, the Board may extend such period of time with the consent
of the applicant.
[Added 6-11-1990 by L.L. No. 8-1990]
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, whether
by the current owner or by a purchaser, which would result in a reasonable
return; and
(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 ground of
hardship. In order to prove the existence of hardship, the applicant shall
establish that the property is incapable of earning a reasonable return, regardless
of whether that return represents the most profitable return possible.
[Added 6-11-1990 by L.L. No. 8-1990]
A. After receiving written notification from the Commission
of the denial of a 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 may 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.
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 filed
with the Village Clerk's office for public inspection. The Commission's
decision shall state the reasons for granting or denying the hardship application.
[Added 6-11-1990 by L.L. No. 8-1990]
Any person aggrieved by a decision of the Architectural and Historic District Review Board relating to hardship or a certificate of appropriateness may, within 30 days of the decision file a written application with the Village Board of Trustees for review of the decision, together with a filing fee as set forth in Chapter
63, Fees. Such appeal shall be heard and decided by either said Board of Trustees or a separate appeals board to be appointed for such purpose by the Board of Trustees.
Church owned structures used as places of worship are specifically excluded
from the terms and conditions of this chapter.