[Amended 11-18-2015 by L.L. No. 9-2015]
The LPC shall transact its business pursuant to the terms of this chapter. The LPC shall only have jurisdiction with respect to exterior architectural features, including the adjacent areas necessary for the proper appreciation of the landmark. The LPC shall exercise its aesthetic judgment and maintain the desirable character of the designation and prevent construction, reconstruction, alteration or demolition out of harmony or character with existing improvements insofar as style, materials, color, line and detail are concerned.
Nothing contained in this chapter shall be construed as authorizing the LPC in acting, with respect to any designation's use or in adopting regulations in relation thereto, to regulate density of population or to regulate and restrict the locations of trades and industries or the location of buildings designed for specific uses or to create designations for any such purpose.
A. 
No person shall carry out any exterior alteration, restoration, reconstruction, demolition, new construction, or moving of a landmark or a property within a historic district, nor shall any person make any material change in the appearance of such property, its light fixtures, signs, sidewalks, fences, steps, paving or other exterior elements which affect the appearance and cohesiveness of the landmark or historic district, without first obtaining a certificate of appropriateness from the LPC.
B. 
Criteria for approval of certificate of appropriateness.
(1) 
In passing upon an application for a certificate of appropriateness, the LPC shall not consider changes to interior spaces, unless they are open to the public. The Committee's decision shall be based on the following principles:
(a) 
Properties which contribute to the character of the historic district shall be retained, with their historic features altered as little as possible;
(b) 
Any alteration of existing properties, whether a landmark or within a historic district, shall be compatible with their historic character as well as with the surrounding district; and
(c) 
New construction shall be compatible with the district in which it is located.
(2) 
In applying the principle of compatibility, the Committee shall consider the following factors:
(a) 
The general design, character and appropriateness to the property of the proposed alteration or new construction;
(b) 
The scale of proposed alteration or new construction in relation to the property itself, surrounding properties and the neighborhood;
(c) 
Texture, materials and color and their relation to similar features of other properties in the neighborhood;
(d) 
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; and
(e) 
The importance of historic, architectural or other features to the significance of the property.
C. 
Certificate of appropriateness application procedure.
(1) 
Prior to the commencement of any work requiring a certificate of appropriateness, the owner shall file an application for such a certificate with the LPC. The application shall contain:
(a) 
Name, address and telephone number of applicant;
(b) 
Location and photographs of property;
(c) 
Elevation drawings of proposed changes, if available;
(d) 
Perspective drawings, including relationship to adjacent properties, if available;
(e) 
Samples of color or materials to be used;
(f) 
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; and
(g) 
Any other information which the Committee may deem necessary in order to visualize the proposed work.
(2) 
No building permit shall be issued for such proposed work until a certificate of appropriateness has first been issued by the LPC. 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 Town of North Castle. Before acting on or forwarding to the appropriate board any application for a variance, special use permit, site plan, building permit, demolition permit, sign permit or subdivision, the Building Inspector shall first consult a current list of all properties designated as individual landmarks or as contained within historic districts to determine the requesting property's status.
(3) 
The Committee shall approve, deny or approve the permit with modifications within 60 days from receipt of the completed application. The Committee may hold a public hearing on the application, at which an opportunity will be provided for proponents and opponents of the application to present their views.
[Amended 11-18-2015 by L.L. No. 9-2015]
(4) 
All decisions of the Committee shall be in writing. A copy shall be sent to the applicant by certified mail and a copy filed with the Town Clerk's office for public inspection. The Committee's decision shall state the reasons for denying or modifying any application.
[Amended 11-18-2015 by L.L. No. 9-2015]
(5) 
Certificates of appropriateness shall be valid for 24 months, after which the owner must reapply if he still wishes to undertake work on the property.
A. 
Ordinary repairs or condemnations having prior permits are not affected by this chapter. This chapter shall not be construed to prevent:
(1) 
The ordinary maintenance or repair of any exterior architectural feature in a designation which is not an alteration.
(2) 
The construction, reconstruction, alteration or demolition of any exterior architectural feature which the Town's Building Inspector certifies, in writing to the LPC, is required for public safety because of a potentially unsafe or dangerous condition; provided, however, that the LPC first issues a certificate of appropriateness.
(3) 
The construction, reconstruction, alteration or demolition of any exterior architectural feature under a permit issued by the Building Inspector prior to the effective date of a designation.
B. 
In the event of a natural disaster destroying all or part of a designation, which may render the designation unsafe to the general public, then the Town's Building Inspector shall be empowered to take suitable action(s) under such conditions to protect the general public.
Where, by reason of topographical conditions, district border line situations immediately adjoining existing developments, or where because of other unusual circumstances the strict application of any provision of this chapter would result in exceptional hardship upon the owner of a designation, the LPC, in passing upon any application for a certificate of appropriateness, shall have the power to reasonably interpret the meaning of this chapter so as to relieve such hardship, provided that such interpretation shall maintain such designation in substantive harmony with the general purpose and intent of this chapter. In granting variations, the LPC may impose such reasonable and additional stipulations and conditions as will, in its judgment, better fulfill the purpose of this chapter.
[Amended 11-18-2015 by L.L. No. 9-2015]
A. 
An applicant whose certificate of appropriateness for a proposed demolition or alteration has been denied may apply for relief on the grounds of hardship.
B. 
In order to prove the existence of hardship, an applicant seeking demolition 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.
C. 
In order to prove the existence of hardship, an applicant seeking a certificate of appropriateness for an alteration shall establish that the property is incapable of earning a reasonable return, regardless of whether that return represents the most profitable return possible.
D. 
Hardship application procedure.
(1) 
After receiving written notification from the Committee of the denial of a certificate of appropriateness, an applicant may commence the hardship process. Such application shall be filed within 45 days after denial of a certificate of appropriateness.
(2) 
No building permit or demolition permit shall be issued unless the Committee makes a finding that a hardship exists.
(3) 
The Committee 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.
(4) 
The applicant shall consult in good faith with the Committee, local preservation groups and interested parties in a diligent effort to seek an alternative that will result in preservation of the property.
(5) 
All decisions of the Committee shall be in writing. A copy shall be sent to the applicant by registered mail and a copy filed with the Town Clerk's office for public inspection. The Committee's decision shall state the reasons for granting or denying the hardship application. If the application is granted, the Committee shall approve only such work as is necessary to alleviate the hardship.
(6) 
The Committee shall approve or deny the application for a hardship exception within 60 days from receipt of the completed application.