No building or structure, no structure, site,
place or building designated as a landmark or landmark site and appearing
on the Landmark and Historic District Map, and no place, site, structure,
building or property located wholly or partly within the boundaries
of an historic district shall be demolished, except in compliance
with the requirements set forth in this chapter.
Every application for a permit pursuant to the
Code of the Village of Sea Cliff to demolish any building or structure,
a landmark, or any building or structure within an historic district,
shall be referred by the Building Inspector to the Commission.
A.
If such application involves a building or structure which is not a landmark, no demolition permit shall be issued for a period of 60 days following referral of the application to the Commission unless the Commission shall sooner indicate that no application to initiate a proceeding for designation pursuant to § 80-501C will be filed as regards the building or structure for which the application for a demolition permit was filed.
B.
Upon receipt of notice that the Commission is considering
an application for designation of the place, site, structure or building
as a landmark or landmark site or as part of an historic district,
the Building Department shall not issue any permit for the demolition
of said place, site, structure or building until there is a final
determination by the Commission that said place, site, structure or
building has been disapproved as a landmark or landmark site, or as
part of an historic district; or until there is a final determination
by the Village Board of Trustees that said place, site, structure
or building has been approved or disapproved as a landmark or landmark
site, or as part of an historic district.
C.
If the Village Board of Trustees designates the property in question as a landmark or landmark site, or as part of an historic district, no demolition permit shall be issued until the review procedure provided in §§ 80-804 and 80-805 are completed, and the decision of the Commission permits the granting of the demolition permit application.
A.
If such application involves a landmark, or if the
building or structure is designated a landmark after the application
is filed, the application for a demolition permit shall be considered
by the full Commission. If such application involves any other building
or structure within an historic district, it shall be reviewed by
a committee of three or more members of the Commission to determine
whether or not consideration of the full Commission shall be appropriate;
such committee may either approve such application, in writing, or
determine that consideration of the full Commission is appropriate.
B.
If such application involves a landmark, or if the
building or structure is designated a landmark after the application
is filed, no permit shall be issued by the Building Inspector unless
the Commission approves the application, in writing.
C.
If such application involves any other building or
structure within the historic district, no permit shall be issued
by the Building Inspector unless the Commission (or a committee of
the Commission as hereinbefore provided) shall have approved the application,
in writing.
A.
In reviewing such application, the Commission shall
consider the following criteria in determining whether or not the
application for a demolition permit should be granted or denied:
(1)
The historical and architectural value and significance
of the building or structure.
(2)
Whether the demolition will be appropriate to the
conditions especially affecting the building or structure.
(3)
Whether the demolition will be appropriate to the
conditions especially affecting the building or structure but not
affecting the historic district generally.
(4)
Whether the demolition will cause substantial detriment
to the public welfare or substantial deviation from the purpose and
intent of this chapter.
(5)
The criteria stated in the Secretary of the Interior's
Standards for Rehabilitation and Guidelines for Rehabilitating Historic
Buildings.
(6)
Whether the building or structure possesses features
or properties which make significant contributions to the character
of a landmark, landmark site, or an historic district.
(7)
The relationship, value, and significance of the landmark
or landmark site to the historic and architectural character of the
surrounding area.
(8)
Demonstration by the applicant to the satisfaction
of the Commission that the building or structure presents a public
safety hazard which is not the result of the neglect or intentional
activity of the applicant or owner, and that the public safety hazard
cannot be corrected within economic means reasonably available to
the applicant or owner.
(9)
Clearly established proof by the applicant to the
satisfaction of the Commission that a reasonable economic return for
the use or sale of the building or structure is not possible unless
demolition is permitted. That the financial return would be greater
if demolition were permitted shall not be sufficient to establish
no reasonable return.
(10)
Clearly established proof by the owner of a
building or structure owned by a nonprofit organization to the satisfaction
of the Commission that said organization cannot reasonably provide
the services for which it was established unless demolition is permitted.
That demolition is the most convenient means to address the problem
of reasonable provision of services is not sufficient to meet the
nonprofit test.
B.
The moving of landmark buildings or structures located
wholly or partly within the boundaries of an historic district may
be allowed as an alternative to demolition.
C.
In determining whether to approve or disapprove an
application for a demolition permit, the Commission shall consider
only the exterior features of the building or structure which are
visible from a public street, other rights-of-way or park, or which
affect the appearance and cohesiveness of an historic district, and
shall have no jurisdiction to consider changes to interior walls,
arrangements, structures or spaces or other changes that are not visible
from a public street, right-of-way or park unless they are open to
the public.
All decisions of the Commission shall be in
writing and shall state the reasons for granting or denying the demolition
application. A copy of the decision shall be sent to the applicant
by certified mail and a copy filed in the Village Clerk's office.
