[HISTORY: Adopted by the Board of Trustees of the Village
of Johnson City 5-3-2011 by L.L. No. 4-2011. Amendments noted where
applicable.]
The purpose and intent of this chapter is to:
A.
Safeguard the heritage of the Village of Johnson City by preserving
and promoting, for the education, pleasure and welfare of its residents,
districts, areas and landmarks which reflect periods of its cultural,
social, economic, political, artistic and architectural history.
B.
Promote the education and cultural, economic and general welfare
of the public through the protection, enhancement and perpetuation
of landmarks and districts of historic and cultural significance.
C.
Stabilize and improve property values.
D.
Foster civic pride in the legacy of physical, social and artistic
achievements of the past.
E.
Protect and enhance the Village's attraction to tourists and visitors
and provide a stimulus to new business.
F.
Contribute to the effectiveness and value of the overall Urban Cultural
Park Program of the State of New York.
A.
For purposes of this chapter, certain words and terms are defined
herein. Except where specifically defined herein, all words used in
this chapter shall carry their customary meanings.
B.
CERTIFICATE OF HISTORIC REVIEW
CHANGE OF APPEARANCE
(1)
(2)
(3)
HISTORIC DISTRICT OR AREA
(1)
(2)
(3)
(4)
LANDMARK
(1)
(2)
(3)
(4)
As used in this chapter, the following terms shall have the meanings
indicated:
A certificate issued by the Historic Review Board which indicates
that the Board has reviewed and approved or approved with modifications
any proposal to make any alteration to the appearance of a landmark
or structure, memorial, statue or site within an Historic District
or area as may be delineated on the Zoning Map described herein.
One or more of the following actions:
Change or reconstruction or alteration of the size or external
appearance of a structure or memorial, including siding and repainting.
Demolition of a structure or memorial.
Commencement of or change in the location of advertising on
the external part of any structure or land in an Historic District
or area.
An area which contains improvements which:
[Amended 3-21-2023 by L.L. No. 2-2023]
Are located in the Johnson City National Historic District;
Have special character or special or aesthetic interest or value;
Represent one or more periods or styles of architecture, typical
of one or more eras in the history of the Village of Johnson City;
and
Cause such an area, by reason of such factors, to be a visibly
perceptible and definable section of the Village.
One or more structures, memorials or sites, including the
adjacent areas necessary for the appreciation of the landmark, deemed
worthy of preservation by virtue of its value to the Village as:
An outstanding example of a structure or memorial representative
of its era;
One of the few remaining examples of a past architectural style
or combination of styles;
A place where an historical event of significance to the Village,
region, state or nation or representative activity of the past era
took place; or
A structure, memorial or site which has a special character,
special aesthetic interest and value as part of the development, heritage
and cultural characteristic of the Village of Johnson City.
The Planning Board of the Village of Johnson City shall act
as the Historic Review Board for the purposes of this chapter. In
making its review and determination, the Review Board must consult
with an advisory committee appointed by and serving at the pleasure
of the Mayor. The advisory committee will review and make a recommendation
on all certificate of historic review applications to the Review Board.
Such advisory committee should include an architect or engineer, landscape
architect and historian if such professionals are available in the
Village.
A.
Identification of districts. The Review Board may identify and define
landmarks and areas of historic and cultural significance in the Village
in accordance with the following procedure:
(1)
Background information providing historical or cultural justification for the landmark or historic area and its boundaries shall be gathered as specified in § 164-2, definitions of "historic district or area" and "landmark." This may include comments from the State Historic Preservation Officer and the director of the Susquehanna Urban Cultural Park as to the significance of the proposed district.
(2)
A duly advertised public hearing shall be held by the Review Board.
All owners of property within the proposed historic area shall be
notified, in writing, at least five working days in advance of the
time, place and purpose of the hearing.
(3)
Within 30 days of the public hearing, the Review Board shall submit
a report and recommendation on the proposed landmark or historic area
to the Village Board.
(4)
Within 30 days from receipt of such report and recommendation from
the Review Board, the Village Board shall approve or disapprove the
proposal or refer it back to the Review Board for additional consideration.
B.
Alteration or construction. After the date of Village Board approval
of a designated landmark or historical area, no material change in
the exterior appearance or location of any public or private landmark,
structure, memorial, statue or site within the designated area shall
be permitted until a certificate of historic review has been obtained
from the Code Enforcement Officer. No building permit will be issued
unless a certificate of historic review has first been issued by the
Historic Review Board.
C.
Demolition. Demolition of structures or landmarks located within
a designated historic area shall not be permitted until such demolition
proposal has been reviewed by the Review Board and a report of the
architectural or historic significance of the structure or landmark
to be demolished has been made by the advisory committee. The Review
Board shall have 30 days to review the report, at the end of which
thirty-day period the Board shall make a determination of approval/disapproval
of demolition.
Nothing in this chapter shall be construed to prevent the ordinary
maintenance and repair of any exterior architectural feature in the
district which does not involve a change in design, material, color
or the outward appearance thereof. Nothing in this chapter shall be
construed to prevent the construction, reconstruction, alteration
or demolition of any exterior architectural feature which the Building
Inspector shall determine (certify) is required by public safety because
of dangerous or unsafe conditions.
A.
Notwithstanding any inconsistent local law, code or regulation concerning the issuance of building permits, no action which would result in a change in any exterior architectural facade or feature in a designated historic area, as established by § 164-4A of this chapter, shall be commenced nor shall any building permit for such change be issued until a certificate of historic review has been issued by the Historic Review Board. The certificate of historic review required by this section may not be substituted for the normal building or use permit required by any other Chapter, code or regulation of the Village of Johnson City.
B.
Application for an certificate of historic review shall be made in
writing on forms available from the Code Enforcement Officer and shall
contain the following information:
(1)
The name, address and telephone number of the applicant.
(2)
The location of the building, structure or site which is to have
its exterior facade or architectural features changed.
(3)
Elevation sketches of proposed changes.
(4)
Samples of colors and materials to be used.
(5)
Where the proposed change includes a sign or lettering, a scale drawing
showing lettering type, colors and sign dimensions and location and
any illumination proposed.
(6)
Any other graphic material that will explain the proposal.
C.
The Code Enforcement Officer shall receive an application for a certificate
of historic review and immediately transmit such application to the
Chairpersons of the Historic Review Board and advisory committee along
with all supporting information.
D.
The Review Board shall, at its next regular meeting, review and discuss
the application and report of the advisory committee with the applicant
or a representative. A special meeting of the Board may be called,
if necessary, to expedite the review process.
E.
In its discussion with the applicant, the Review Board shall consider
the appropriateness of the proposal including the architectural style,
general design, arrangement, texture, material and color of the facade
or exterior architectural feature involved and the relationship thereof
to the facades or exterior architectural features of other structures
in the immediate neighborhood. The Review Board shall be guided by
the Secretary of the Interior's Standards for Rehabilitation.
F.
Within 20 working days from the meeting date at which such application
is discussed or some later date if mutually agreed upon, the Review
Board shall prepare a report and determination of approval/disapproval
on such application. If the application is approved, the Board shall
issue a certificate of historic review.
G.
Upon receipt of the certificate of historic review from the Review
Board, the Code Enforcement Officer shall file such certificate and
issue a building permit, if all other applicable chapters, codes and
regulations have also been complied with. If no certificate of historic
review is issued, no building permit may be issued.
An applicant whose application for a certificate of historic
review has been denied may apply for relief from landmark designation
on the grounds that designation is working a hardship upon the applicant.
In order to prove the existence of 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.
A.
After receiving written notification from the Review Board of the
denial of a certificate of historic review, 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.
The Review Board must hold a public hearing 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 Review Board,
advisory committee groups and interested parties in a diligent effort
to seek an alternative that will result in preservation of the property.
D.
All decisions of the Board must be in writing. A copy must be sent
to the applicant by registered mail and a copy filed with the Village
Clerk's office for public inspection. The Board's decision shall state
the reasons for granting or denying the hardship application.
