[HISTORY: Adopted by the Board of Trustees of the Village of Clinton 11-8-1990 by L.L. No. 5-1990; amended in its entirety at time of adoption of Code (see Ch. 1, General Provisions, Art. I). Subsequent amendments noted where applicable.]
It is hereby declared as a matter of public policy that the protection, enhancement, and perpetuation of the Historic District, as depicted on the map attached as an appendix to this chapter, is necessary to promote the economic, cultural, educational, and general welfare of the public. In as much as the identity of people is founded on its past, and in as much as Clinton has many significant historic, architectural, and cultural resources which constitute its heritage, this chapter is intended to:
A. 
Recognize that the Historic District was designated as an historic district on the National Register of Historic Places in 1983.
B. 
Protect and enhance the Historic District, its historic structures and character, and its architectural and cultural heritage.
C. 
Foster civic pride in the accomplishments of the past.
D. 
Protect and enhance Clinton's attractiveness to visitors and the support and stimulus to the economy thereby provided; and
E. 
Ensure the harmonious, orderly, and efficient growth and development of the Village.
A. 
There is hereby created a commission to be known as the Clinton Historic Preservation Commission (CHPC).
B. 
The Commission shall consist of seven members to be appointed by the Mayor with the approval of the Board of Trustees. All members of the Clinton Historic Preservation Commission must be current residents of the Village of Clinton and have resided in the Village for a minimum of one year prior to appointment. At least four members of the Clinton Historic Preservation Commission must also be current residents of the Historic District. By special approval, one Commissioner may be from the Town of Kirkland, in order to balance the membership's expertise.
(1) 
To the extent of their availability in the Clinton community, consideration should be given to balancing representation on the Commission so as to include such business and professional expertise as an architect, an attorney, a local historian, a licensed real estate broker, and a local merchant/businessperson.
(2) 
At least one member shall have demonstrated significant interest in and commitment to the field of historic preservation, evidenced either by involvement in a local historic preservation group, employment, or volunteer activity in the field of historic preservation, or other serious interest in the field.
(3) 
All members shall have a known interest in historic preservation and architectural development within the Village of Clinton.
(4) 
To encourage coordination between the Commission and the Village's Planning Board, the Commission shall meet with the Planning Board at least annually to review the purposes for which this article was enacted.
(5) 
Any member of the CHPC who does not maintain at least a 50% record of attendance at meetings, whether regular or special, may be replaced. A majority vote of the CHPC shall be required to remove a member who does not meet the expected attendance requirement.
(6) 
The Mayor, with the approval of the Board of Trustees, shall appoint any replacement member of the CHPC to complete the unexpired term, whether that replacement is due to removal under Subsection B(5) above, or due to a resignation or death.
(7) 
The Village Board may, in any year it deems necessary, appoint alternate and/or temporary members to its Historic Preservation Commission to serve as provided in this section. The number of alternate members so appointed pursuant to this section in any year shall not exceed three. Each alternate member shall be appointed for a one-year term of office. The Chairman of the Historic Preservation Commission shall assign the alternate members as necessary when absence of regular members of the Commission or conflicts of interest of regular members of the Commission would otherwise prevent seven of the Commission from considering any pending matter. No more than two alternate members shall sit in determination on any pending matter. The alternate members shall be designated on a rotating basis in a manner such that each alternate member shall be afforded an equal opportunity to serve. Once designated to serve on a particular matter before the Commission, the alternate member shall have the same powers and duties as regular members of the Commission until that matter is concluded. Any determination by the Commission consisting of alternate members shall have the same weight and be entitled to the same authority as the act or deed of the regular Historic Preservation Commission and all laws, statutes and regulations shall apply and be applied with equal force and effect.
C. 
In order to ensure continuity, coherence, and cohesion in its work, Commission members shall serve for a term of four years, with the exception of the initial terms of office which shall be as follows:
(1) 
Two members appointed for four-year terms.
(2) 
Two members appointed for three-year terms.
(3) 
Two members appointed for two-year terms.
(4) 
One member appointed for a one-year term.
D. 
The Chair, Vice Chair, and Recording Secretary of the Commission shall be elected from among the members of the Commission.
E. 
The powers of the Commission shall include:
(1) 
Preparation of a budget and recommendations to the Village Board regarding employment of staff and professional consultants as necessary to carry out the duties of the Commission.
(2) 
Promulgation of rules, forms, and regulations as necessary for the conduct of business.
(3) 
Increasing public awareness of the value of historic, cultural, and architectural preservation by developing and participating in public education programs.
(4) 
Making recommendations to the Village Board of Trustees concerning the utilization of Village, state, federal, or private funds to promote the preservation of the Historic District.
(5) 
Approval or disapproval of applications for certificates of appropriateness pursuant to this chapter.
F. 
The Commission shall meet at least monthly, but meetings may be held at any time on the written request of any two of the commission members or on the call of the chair.
G. 
A quorum for the transaction of business shall consist of four of the commission's members, but not less than a majority of the full authorized membership may grant or deny a certificate of appropriateness.
A. 
No person shall carry out any exterior alteration, restoration, reconstruction, demolition, new construction, or moving of property within the Historic District, nor shall any person make any material change to the appearance of such property, its light fixtures, signs, including graphics fixed to the windows and business signage, sidewalks, fences, steps, paving, or other exterior elements visible from a public street or alley which affect the appearance and cohesiveness of the Historic District without first obtaining a certificate of appropriateness from the Historic Preservation Commission.
B. 
Once a certificate of appropriateness has been issued, any further changes in design or materials requires a review by the Historic Preservation Commission. A resolution to amend, stating the approved changes, will be issued to accompany the initial certificate of appropriateness.
C. 
Installation of a visual barrier, natural or artificial, that might obscure alternations, restorations, reconstruction, or new construction that is in violation of Subsection A shall not be permitted.
A. 
In passing upon an application for a certificate of appropriateness, the Historic Preservation Commission shall not consider changes to interior spaces.
B. 
The Commission's decision shall be based upon the following principles:
(1) 
Properties which contribute to the character of the Historic District shall be retained, with their historic features altered as little as possible.
(2) 
Any alteration of existing properties shall be compatible with its historic character, as well as with the surrounding district.
(3) 
New construction shall be compatible with the district in which it is located. Contemporary designs will be considered, so long as they are in line with the criteria below for compatibility.
C. 
In applying the principle of compatibility, the Commission shall be based on the following factors:
(1) 
Any alteration of an existing property shall be compatible with its historic character and, to the extent applicable, also with the surrounding historic properties or neighborhood.
(2) 
New construction and/or the application of new materials or technology shall be compatible with the neighborhood in which it is located.
(3) 
Texture and composition of building materials (and where the materials are brick, stone or other materials where color can not be changed, the color of such materials may be a factor to be considered) and their relation to similar features of other buildings, structures and/or properties in the neighborhood.
(4) 
Visual compatibility with the subject property and 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 historic character of a property should be retained and preserved. The removal of historic materials or alteration of features and spaces that characterize a property should be avoided.
(6) 
Contemporary or synthetic materials shall be considered and their compatibility to the structure and its character.
(7) 
Energy efficiency; accessibility consideration; health and safety code consideration.
(a) 
The conservation and improvement of existing built resources, including reuse of historic and older buildings, greening the existing building stock and reinvestment in older and historic communities are important components of energy conservation and combating climate change. Furthermore, Building Code and ADA requirements ensure that buildings are accessible and provide health and safety of their occupants. As such, the provisions of this section shall not presumptively prohibit the utilization of renewable energy, green materials or energy conservation technologies for any property, nor changes necessary to meet safety and health code or ADA requirements.
(b) 
However, such work should be assessed for its potential negative impact on the building's historic character and to the character of the immediate neighborhood. Particular care must be taken to not obscure, damage or destroy character defining materials or features in the process of undertaking work to meet code or accessibility requirements or energy conservation practices.
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 Village Clerk on behalf of the Historic Preservation Commission. The application shall contain:
(1) 
Name, address, and telephone number(s) 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 materials to be used, if available.
(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 information which the Commission may deem necessary in order to visualize the proposed work.
B. 
No building or demolition 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 ordinance or local law of the Village of Clinton.
C. 
The Commission shall approve, deny, or approve with modifications the applicant's permit within 75 days from initial review of a completed application. The Village Clerk shall forward the application with supporting documentation to the Chairman of the Historic Preservation Commission within five business days. The Commission 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. The time within which the Commission must render its decision may be extended by mutual consent of the applicant and the Commission.
D. 
All decisions of the Commission, or of the Village Board of Trustees acting on an appeal of a Commission decision, shall be in writing and shall be filed with the Village Clerk within five business days, together with the original application and supporting documentation and all other materials upon which the decision of the Commission, or the Village Board of Trustees on appeal, was based. The Village Clerk shall send a copy to the applicant by first class mail, and shall file a copy in the Village Clerk's office for public inspection. The Commission's decision shall state the reasons for denying or modifying any application.
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 by documentary evidence each of the following:
(1) 
The property is incapable of earning a reasonable return, regardless of whether that return represents the most profitable return possible, and provided that the lack of return is substantial as demonstrated by competent financial evidence;
(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;
(3) 
Good-faith 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 either apply to the Commission for relief on the ground of hardship or in the alternative appeal the determination of the Commission to the Village Board of Trustees. The hardship application or appeal to the Village Board of Trustees pursuant to § 138-11 shall be filed with the Village Clerk within 60 days from the date of the Commission's decision. In order to prove the existence of hardship, the applicant must establish by documentary evidence that the property is incapable of earning a reasonable return, regardless of whether that return represents the most profitable return possible, and provided that the lack of return is substantial as demonstrated by competent financial evidence.
A. 
After receiving written notification from the Commission of the denial of a certificate of appropriateness, an applicant may commence the hardship application process by the filing of a hardship application with the Village Clerk within 60 days from the date of the Commission's decision. 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 in accordance with Article 21 of the Village Law 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 or compromise that will result in preservation of the property.
D. 
All decisions of the Commission, or of the Village Board of Trustees acting on appeal of a Commission decision, shall be in writing. A copy shall be sent to the applicant by first class mail and a copy filed with the Village Clerk's Office for public inspection within five business days after the determination of the Commission and/or Village Board. Each decision shall set forth the reasons for granting or denying the application and/or appeal, as well as the findings of fact upon which the determination was based.
A. 
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 Village Code Enforcement Officer to inspect periodically any such work to ensure 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 Commission, the Village 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.
B. 
It shall be deemed a violation in the event a repair has been completed and it is found that a design element or structural feature(s) have been altered without a certificate of appropriateness. The Code Enforcement Officer may undertake enforcement activities.
C. 
The provisions of this chapter shall be enforced by the Village Code Enforcement Officer who shall have the power to make inspections of buildings and premises necessary to carry out the enforcement hereof and to issue all appropriate notices, orders, or appearance tickets to ensure compliance thereof.
A. 
Nothing in this chapter shall be construed to prevent the ordinary maintenance and repair of any exterior architectural feature of property within the Historic District which does not involve a change in design, material, or outward appearance.
B. 
No owner or person with an interest in real property included within the Historic District shall permit the property to fall into a serious state of disrepair so as to result in the deterioration of any exterior architectural feature which would, in the judgement of the CHPC, produce a detrimental effect upon the character of the Historic District as a whole or the life and character of the property itself.
C. 
Examples of such deterioration include, but are not limited to:
(1) 
Deterioration of exterior walls or other vertical supports.
(2) 
Deterioration of roofs or other horizontal members.
(3) 
Deterioration of exterior chimneys.
(4) 
Deterioration or crumbling of exterior stucco or mortar.
(5) 
Ineffective waterproofing of exterior walls, roofs, or foundations, including broken windows or doors.
(6) 
Deterioration of any feature so as to create a hazardous condition which could lead to the claim that demolition is necessary for the public safety.
A. 
Any person who shall violate any provision of this chapter shall be guilty of a violation punishable by a fine as set forth in Chapter 1, General Provisions, Article II, General Penalty, § 1-14, General penalty. Each day's continued violation shall constitute a separate violation.
B. 
Any person who demolishes, alters, constructs, or permits a property to fall into a serious state of disrepair or in any other way is in violation of this chapter shall be required to restore the property and its site to its appearance prior to the violation. Any action to enforce this subsection shall be brought by the Village Attorney. This civil remedy shall be in addition to and not in lieu of a criminal prosecution and penalty.
Any person aggrieved by a decision of the Commission relating to hardship factors or a certificate of appropriateness may, within 60 days of the order, requirement, decision, interpretation or determination, file a written appeal with the Village Board of Trustees. The Board of Trustees, consistent with the provisions of this article, may reverse or affirm, wholly or partly, or may modify the order, requirement, decision, interpretation or determination appealed from and shall make such order, requirement, decision, interpretation or determination as in its opinion ought to have been made in the matter by the Commission. To that end the Village Board of Trustees shall have all the powers of the Commission from whose order, requirement, decision, interpretation or determination the appeal is taken.