These standards and guidelines shall be applied to all new construction,
as well as modifications to the exterior of an existing building and
additions for nonresidential development in the Village Center (VC)
District.
The intent of this section is not to prohibit the demolition
of nonresidential structures within the VC District, but to preserve
existing structures that significantly contribute the character or
historical significance of the district. This section includes the
expectation that owners will assume the role of caretakers for district
structures, with responsibility for maintaining and protecting district
buildings. Furthermore, this section shall have no limitation on the
Village's ability to take whatever action necessary to protect
the health, safety, and welfare of the public.
A. Demolition approval. The demolition of any nonresidential
structure within the VC District is considered an unlisted action
under SEQR. Site plan approval for the property must be obtained from
the Planning Board prior to the issuance of a demolition permit. The
Planning Board shall grant the demolition and issue a demolition permit
when the applicant submits suitable evidence that one or more of the
following conditions exists:
(1)
The structure contains no features of architectural
and historical significance contributing to the character of the district
within which it is located.
(2)
The reasonable economic use for the structure as
it exists or as it might be preserved is of such minimal level, and
the reuse value of the property without the structure is of such level,
that there exists no feasible and prudent alternative to demolition.
(3)
Deterioration has progressed to the point where it
is not economically feasible to preserve and reuse the structure consistent
with the standards of this article.
(4)
The proposed redevelopment is consistent with the
purpose and objectives of this article.
B. Historical significance. The Planning Board will also consider
the structure's architectural character, historical significance,
and physical condition, and whether prohibiting demolition will deny
the owner of economically viable use of their land. Principal structures
will be afforded more protection than accessory buildings.
C. Safety hazards. The Village Board of Trustees may grant
relief from this provision if the structure is deemed to be an immediate
and irreparable safety hazard by the Code Enforcement Officer.
D. Demolition without permit. Property owners who demolish
buildings without obtaining approval of the Planning Board shall be
required to rebuild the structure to its original historical specifications
if deemed appropriate after consideration by the Board. All expenses
incurred as a result of said demolition and rebuild requirements shall
be the responsibility of the property owner.