Town of Chili, NY
Monroe County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Chili 9-15-1993 by L.L. No. 3-1993 (Ch. 68 of the 1980 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Architectural Review Committee — See Ch. 12.
Conservation Board — See Ch. 19.
Uniform construction codes — See Ch. 210.
Design criteria and construction standards — See Ch. 223.
Zoning — See Ch. 500.

§ 304-1 Purpose.

It is hereby declared as a matter of public policy that the protection of landmarks and historical districts is necessary to:
A. 
Protect and enhance the landmarks and historic districts which represent distinctive elements of Chili's historic, architectural and cultural heritage.
B. 
Foster civic pride in the accomplishments of the past.
C. 
Protect and enhance Chili's attractiveness to visitors.
D. 
Ensure the harmonious and orderly growth of the Town of Chili.

§ 304-2 Historic Preservation Board.

[Amended 3-7-2001 by L.L. No. 2-2001[1]]
There is hereby created a Board to be known as the "Chili Historic Preservation Board."
A. 
The Board shall consist of a number of members to be established by Town Board resolution. The members shall be appointed by the Town Board. All members shall have a known interest in historic preservation and reside in the Town of Chili.
B. 
Board members shall serve for a term of years to be established by Town Board resolution.
C. 
The Chairman, Vice Chairman and Secretary shall be from the members of the Board and appointed by the Town Board annually for a term of one year to serve at the pleasure of the Town Board.
[1]
Editor's Note: This local law also replaced all references to the "Historic Preservation Commission" with references to the "Historic Preservation Board" and changed "Commission" to "Board."

§ 304-3 Powers of Board.

The powers of the Board shall include:
A. 
The formation of rules and regulations as necessary for the conduct of business.
B. 
The adoption of criteria for the identification of historic, architectural and cultural sites and for the delineation of historic districts.
C. 
Conducting surveys of historic landmarks and historic districts within the Town of Chili.
D. 
Identifying and recommending to the Town Board structures as landmarks and historic districts.
[Amended 12-3-2008 by L.L. No. 4-2008]
E. 
Increasing the public awareness of the value of historic and cultural preservation by developing and participating in public education programs.
F. 
Making recommendations to the Town of Chili concerning the use of state, federal or private funds to promote the preservation of landmarks and historic districts within the Town of Chili.
G. 
The approval or disapproval of applications of appropriateness pursuant to this chapter.

§ 304-4 Board meetings.

A. 
The Board shall meet at least monthly, but meetings may be held at any time on written request of any two of the Board members or on the call of the Chairman, Supervisor or Town Board.
B. 
A quorum for the transaction of business shall consist of three of the Board members, but not less than a majority of the full authorized membership may grant or deny a certificate of appropriateness.

§ 304-5 Designation of landmarks and historic districts.

A. 
The Town Board may designate an individual property as a landmark if it is requested by the owner and said request is filed with the Historic Preservation Board and it has any or all of the following qualifications:
(1) 
It possesses special character or historic interest.
(2) 
It is identified with an historic personage.
(3) 
It embodies the distinguishing characteristics of an architectural style.
(4) 
It is the work of a designer whose work has influenced an age.
B. 
The Town Board may designate a group of properties as an historic district if it contains properties which meet one or more of the criteria for designation as a landmark and has the approval of all the owners. The boundaries of any historic district designated henceforth shall be specified in detail and shall be filed, in writing, in the Chili Town Clerk's office for public inspection.
C. 
The Town Board shall hold a public hearing prior to the designation of any landmark or historic district. The Board, owners and any interested parties may present testimony or documented evidence at the hearing which will be part of the record.
D. 
The Town Board shall forward notice of each property designated as a landmark and of the boundaries of each designated historic district to the office of the Chili Town Clerk for recording.

§ 304-6 Certificate of appropriateness required.

No person shall carry out an exterior alteration, restoration reconstruction, demolition, new construction or moving of a landmark property within an historic district without first obtaining a certificate of appropriateness from the Historic Preservation Board.

§ 304-7 Criteria for approval of certificate of appropriateness.

A. 
In passing upon an application for a certificate of appropriateness, the Historic Preservation Board shall not consider changes to interior spaces.
B. 
The exteriors of properties which contribute to the character of an historic district shall be retained, with their historic features altered as little as possible.

§ 304-8 Application for certificate of appropriateness.

A. 
Prior to the start of any work requiring a certificate of appropriateness, the owner shall file an application for such certificate with the Historic Preservation Board. The application shall contain:
(1) 
The name, address and telephone number of the applicant.
(2) 
The location and photographs of the property.
(3) 
Any other information which the Board may deem necessary in order to visualize the proposed work.
B. 
No building permit shall be issued for the proposed work until a certificate of appropriateness has first been issued by the Historic Preservation Board. The certificate 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 of the Town of Chili.
C. 
The Board shall approve or deny the permit with modifications within 30 days from the receipt of the completed application. The Board shall hold a public hearing on the application, at which time an opportunity will be provided for proponents and opponents of the application to present their views.
D. 
All decisions of the Board shall be in writing. A copy shall be sent to the applicant and a copy filed with the Town Clerk's office. The Board's decision shall state the reason for denying or modifying the application.

§ 304-9 Hardship criteria.

An applicant whose certificate of appropriateness for a proposed demolition has been denied may apply for relief on the grounds of hardship. In order to prove the existence of a hardship, the applicant shall establish that:
A. 
The property is incapable of earning a reasonable return.
B. 
The property cannot be adapted for any other use which would result in a reasonable return.
C. 
Efforts to find a purchaser interested in acquiring the property and preserving it have failed.

§ 304-10 Hardship application procedure.

A. 
After receiving written notification from the Board of the denial of a certificate of appropriateness, an applicant may commence the hardship process. No building permit or demolition permit shall be issued unless the Board makes a finding that a hardship exists.
B. 
All decisions of the Board shall be in writing. A copy shall be sent to the applicant and a copy filed with the Chili Town Clerk's office for public inspection. The Board's decision shall state the reasons for granting or denying the hardship application.

§ 304-11 Enforcement.

[Amended 12-3-2008 by L.L. No. 4-2008]
It shall be the duty of the Code Enforcement Officer to inspect periodically any such work to assure compliance. In the event that work is found that is not in accordance with the certificate of appropriateness, or notification of such fact by the Historic Preservation Board, the Code Enforcement Officer shall issue a stop-work order, and all work shall immediately cease. No further work shall be undertaken as long as the stop-work order is in effect.

§ 304-12 Maintenance and repair.

No owner or person with an interest in real property designated as a landmark or included within an historic district shall permit the property to fall into a serious state of disrepair so as to result in the deterioration of an exterior feature which would, in the judgment of the Historic Preservation Board, produce a detrimental effect on the historic district as a whole or the life and character of the property itself.

§ 304-13 Penalties for offenses.

A. 
Failure to comply with any of the provisions of this chapter shall be deemed a violation, and the violator shall be liable to a fine of not less than $10 nor more than $100 for each day the violation continues.
B. 
Any person who demolishes or alters a designated property in violation of this chapter shall be required to restore the property and its site to its appearance prior to the violation.

§ 304-14 Designation of sites.

All historic sites must be listed by address and tax account number, along with photographs and a description of the property.