It is hereby declared as a matter of public policy that the protection,
enhancement and perpetuation of landmarks and historic districts is necessary
to promote the economic, cultural, educational and general welfare of the
public. Inasmuch as the identity of a people is founded on its past, and inasmuch
as the Village of Endicott has many significant historic, architectural and
cultural resources which constitute its heritage, this chapter is intended
to:
A. Protect and enhance the landmarks and historic districts
which represent distinctive elements of Endicott's historic, architectural
and cultural heritage.
B. Foster civic pride in the accomplishments of the past.
C. Protect and enhance Endicott's attractiveness to
visitors and the support and stimulus to the economy thereby provided.
D. Ensure the harmonious, orderly and efficient growth and
development of the Village of Endicott.
No person shall carry out any exterior alteration, restoration, reconstruction,
demolition, new construction or moving of a landmark or property within an
historic district, nor shall any person make any material change in the appearance
of such a property, its light fixtures, signs, 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, historic site or
historic structure, without first obtaining a certificate of appropriateness
from the Code Enforcement Officer.
An applicant whose certificate of appropriateness has been denied may
apply for relief from landmark designation on the grounds that the designation
is working a hardship upon him/her. In order to prove the existence of a 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.
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 Building Code Enforcement Officer to inspect periodically
any such work to assure compliance. In the event that work is found that is
not being performed in accordance with the certificate of appropriateness,
the Building 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.
Any person aggrieved by a decision of the Code Enforcement Officer relating
to hardship or a certificate of appropriateness may, within 15 days of the
decision, file a written application with the Village Board of Trustees for
a review of the decision. The Board of Trustees shall review said decision
and make its determination within 20 days from the receipt by the Village
Clerk of a completed written application for review. The Board's review
shall constitute the final administrative appeal under this chapter.
A. Appeal to stay proceedings; exception. An appeal stays
all proceedings in furtherance of the action appealed from, unless the Code
Enforcement Officer certifies to the Board of Trustees after the notice of
appeal shall have been filed that, by reason of facts stated in the certificate,
a stay would, in his opinion, cause imminent peril to life and property, in
which case proceedings shall not be stayed otherwise than by a restraining
order, which may be granted by the Board or by a court of competent jurisdiction.
B. Conduct of hearing; action of Board.
(1) The Board shall appoint an appropriately trained hearing
officer to preside over the appeal hearing. The hearing officer shall not
have a vote.
(2) Upon the hearing, any party to the appeal may appear
in person or by agent or by attorney. Any party may submit additional evidence
in addition to the evidence previously submitted to the Historical Commission.
Third parties who may be adversely affected by a decision, may intervene as
third parties.
(3) The Village Attorney shall act as Counsel for the Board.
He shall prepare and serve all orders and decisions of the Board.
(4) The Board may reverse or affirm, wholly or partly, or
may modify the certificate, order, requirement, decision or determination
as, in its opinion, ought to be made in the premises and to that end shall
have all the powers.
(5) The paramount standard and guidelines of the Board of
Trustees in making an ultimate decision shall be efficient growth and development
of the Village of Endicott.