A. Purpose and applicability.
Any exterior alteration of a building or site designated as a landmark or located within a designated historic district, including demolitions, shall require a certificate of appropriateness, issued by the ARB, in compliance with the requirements set forth in this section. This review is in addition to other permits or approvals required by this chapter. In some cases a certificate of appropriateness may be required even when a building permit is not required. Nothing in this section shall be construed to prevent ordinary maintenance or repair with like materials or similar quality and color of any designated landmark or any property located wholly or partly within the boundaries of an historic district.
B. Procedure.
(1) Step one: Application submittal. Applicable.
(2) Step two: Determination of application completeness. Applicable.
(3) Step three: Application referral, review and staff report. Applicable, with the following addition: This certificate of appropriateness review shall be coordinated with other required reviews for the application where possible, including site plan and building permit review.
(4) Step four: Public notice. Applicable as set forth in
§ 360-5.4E,
Table 5-2.
(5) Step five: Public hearing. Applicable, with the following modification: The ARB shall approve or disapprove any permit application referred to it within 45 days of the date the application is deemed complete. If the ARB fails to act within 45 days of receipt of the application, the application shall be deemed to have been approved. Nonetheless, in no case shall a building permit be issued prior to site plan approval by the Planning Board when applicable.
(6) Step six: Decision and findings. Applicable.
C. Criteria. In reviewing applications, the ARB shall consider how the following criteria:
(1) Adopted design guidelines, including the Secretary of the Interior's Standards for the Treatment of Historic Properties.
(2) The historical and architectural value and significance of the building or structure and its relationship to the historic and architectural value of the surrounding area.
(3) Consistency in terms of materials and architectural style with the particular architectural period with which the building or structure is associated.
(4) New construction shall be visually compatible in scale, design, materials, color and texture with buildings of historic value in the historic district.
(5) Moving of buildings or structures designated as landmarks or located wholly or partly within the boundaries of the historic district may be allowed as an alternative to demolition.
(6) The general appropriateness of proposed exterior design, colors, arrangement, texture and materials.
(7) Any other factors relating to aesthetic considerations that the Board deems pertinent to the benefit of the Village and the historic or architectural significance of the structure or building and surrounding area.
D. Demolition. In the case of a request to demolish a building, structure or other site designated as a landmark or located within an historic district, a denial by the ARB shall be effective for one year from the date of the denial. During that year, the ARB shall endeavor to work with the property owner to develop an economically feasible plan for the preservation of such improvement. At the expiration of such one-year period, the request for an application shall be deemed approved. All construction, reconstruction, alteration or repair, however, shall remain subject to the other provisions of this section.
E. Exceptions for public safety. This section shall not apply in any case where the Building Inspector or any authorized Village enforcement agency orders or directs the construction, removal, alteration or demolition of any improvement on a landmark site or in an historic district for the purpose of remedying conditions determined to be unsafe or dangerous to the life, health or property of any person.
