§ 85-638. Review procedure.

A. 

Applications for building permits, moving permits, demolition permits, special use permits, sign permits, variances, site plans, changes of zone, subdivisions (including elevations), land divisions and any other land use application submitted to the Planning Board, Board of Zoning Appeals or Town Board within historic districts, historic district transitional areas or historic landmarks shall be referred to the Commissioner by the Chief Building Inspector, the Board of Zoning Appeals, Planning Board, Town Clerk or any other department or division which accepts the aforementioned land use applications.

B. 

The Commissioner shall then review the applications and plans in accordance with the provisions of §§ 85-633 through 85-641. In making his/her review, the Commissioner may confer with the applicant or its authorized representative and shall, in making his/her determination, consider the following:

(1) 

The compatibility of the proposed building, structure, alteration thereof of the property with neighboring properties and the historic district or historic landmark as a whole.

(2) 

The visual and locational relationship between the property in question and the historic district's, historic district transitional area's or historic landmark's existing buildings, structures, special character and general appearance in regard to style, material, scale, proportion, composition, mass, line, detail, setback, landscaping and related items.

(3) 

Any other factors relating to aesthetic considerations which are deemed pertinent to the benefit of the historic district, historic district transitional areas or historic landmark.

C. 

By specific request in a particular case, the Commissioner may require the submission of such plans, reports, maps, exhibits, photographs or drawings as are necessary for his/her determinations. These submissions shall include but not be limited to site plans, architectural plans, landscaping plans, proposed signs, proposed exterior lighting, proposed construction materials, proposed door, window and facade design details and photographs or drawings indicating visual relationships to adjoining buildings and spaces in the historic district, historic district transitional areas or historic landmark.

D. 

After his/her review and examination of the items submitted and subsequent to such further deliberations as he/she deems necessary, but within 45 days of the receipt of the application and accompanying items for review, unless the time period is extended as mutually agreed upon by the Commissioner and the applicant, the Commissioner shall issue a favorable recommendation to the Chief Building Inspector, Chairman of the Board of Zoning Appeals, Planning Board Chairman, Town Clerk, or any other referring department or division only if he/she finds that the proposal or a modification thereof is in fact appropriate to the character, appearance and efficient functioning of the historic district. When the recommendation is for denial, the Commissioner shall state the reasons given for such recommendation.

E. 

In an historic district, historic district transitional area or historic landmark, no permit shall be issued to erect or alter a building, structure or sign or to move or demolish a building, structure or sign in such manner as to change the outside dimensions or exterior appearance unless and until a recommendation has been received by the Commissioner. Likewise, no special use permit or variance shall be granted by the Board of Zoning Appeals or Planning Board until a recommendation by the Commissioner has been received.

F. 

Demolition permits.

(1) 

No permit shall be issued for demolishing all or part of a building or structure within an historic district, historic district transitional area or historic landmark until the Commissioner has reviewed such demolition permit application and its potential effect upon said historic district, historic district transitional area or historic landmark.

(a) 

If the Commissioner finds that preservation is physically or economically not feasible, he/she shall recommend in favor of issuing such demolition permit.

(b) 

If preservation is found to be physically or economically feasible, the Commissioner shall take or encourage the taking of whatever steps appear most likely to lead to such preservation, either on the site on which the building or structure is located or on another site to which it might appropriately be removed.

(2) 

Within six months from date of referral of application for a demolition permit, unless the owner of the property agrees to an extension of the time period or unless means acceptable to the owner have been found to preserve the building or structure, the Commissioner shall give his/her recommendation to the Chief Building Inspector, who shall thereupon be authorized to act upon such application.

G. 

In such instances where the Commissioner shall recommend more- or less-restrictive regulations than those authorized in §§ 85-633 through 85-641, in the Town Subdivision Regulations and in other Town ordinances in order to accomplish the purposes of §§ 85-633 through 85-641, the Town Board, Commissioner, Chief Building Inspector, Board of Zoning Appeals and Planning Board shall be empowered to adopt and enforce such more- or less-restrictive regulations.

Editor's Note: See Ch. SR, Subdivision Regulations.

H. 

Any person aggrieved by any decision of the Commissioner or Chief Building Inspector under §§ 85-633 through 85-641 may appeal such decision to the Board of Appeals in the same manner as is provided for zoning appeals; and the Board of Appeals, after proceeding in the same manner as is provided for zoning appeals and with the same power and authority vested in said Board of Zoning Appeals, when passing upon appeals before it, under the provisions of Town Law, may reverse, modify or affirm the decision of the Commissioner or Chief Building Inspector.