The purpose and intent of this chapter is to:
A. Safeguard the heritage of the Village of Johnson City by preserving
and promoting, for the education, pleasure and welfare of its residents,
districts, areas and landmarks which reflect periods of its cultural,
social, economic, political, artistic and architectural history.
B. Promote the education and cultural, economic and general welfare
of the public through the protection, enhancement and perpetuation
of landmarks and districts of historic and cultural significance.
C. Stabilize and improve property values.
D. Foster civic pride in the legacy of physical, social and artistic
achievements of the past.
E. Protect and enhance the Village's attraction to tourists and visitors
and provide a stimulus to new business.
F. Contribute to the effectiveness and value of the overall Urban Cultural
Park Program of the State of New York.
The Planning Board of the Village of Johnson City shall act
as the Historic Review Board for the purposes of this chapter. In
making its review and determination, the Review Board must consult
with an advisory committee appointed by and serving at the pleasure
of the Mayor. The advisory committee will review and make a recommendation
on all certificate of historic review applications to the Review Board.
Such advisory committee should include an architect or engineer, landscape
architect and historian if such professionals are available in the
Village.
Nothing in this chapter shall be construed to prevent the ordinary
maintenance and repair of any exterior architectural feature in the
district which does not involve a change in design, material, color
or the outward appearance thereof. Nothing in this chapter shall be
construed to prevent the construction, reconstruction, alteration
or demolition of any exterior architectural feature which the Building
Inspector shall determine (certify) is required by public safety because
of dangerous or unsafe conditions.
An applicant whose application for a certificate of historic
review has been denied may apply for relief from landmark designation
on the grounds that designation is working a hardship upon the applicant.
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;
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; and
C. Efforts to find a purchaser interested in acquiring the property
and preserving it have failed.