[Added 10-23-1984 by Ord. No. 84-ZC-132; amended 6-17-2003 by L.L. No. 21-2003; 1-13-2004 by L.L. No. 4-2004 ]

No work shall be commenced and no building permit or other approval shall be granted, issued or released to erect, reconstruct, repair, restore, rehabilitate, renovate, alter, change, demolish, raze or move a proposed historic landmark or any open space or structure within a proposed historic district from the date of filing of a petition in the Office of the Town Clerk to the date a final decision is rendered by the Town Board; and if no decision is rendered, until the expiration of ninety (90) days from the date of the public hearing, unless otherwise extended by the Town Board.

**Webmasters Note: The previous section has been amended as per Local Law No. 4-2004.

[Added 10-23-1984 by Ord. No. 84-ZC-132; amended 6-17-2003 by L.L. No. 21-2003 ]

A. The Town Board, after a public hearing held on notice as in §§ 198-40.3(F), may revoke the designation of any portion of a historic landmark or district, including any open space or structure thereon, and may alter the boundaries of a historic district, in whole or in part, provided the owner has filed a petition with the Huntington Town Clerk for such relief. The petitioner shall demonstrate, to the satisfaction of the Town Board, that there has been a substantial change in one or more of the factors set forth in § 198-40.1 and/or that the designation has created an unreasonable hardship. Withdrawal of a designation, in whole or in part, shall be reserved for rare instances where change or deterioration, not attributable to any deliberate conduct on the part of the owner, his agent, or occupier of the property, has made continued historic designation inconsistent with the purpose of this article and/or the designation, in whole or in part, has worked an unreasonable hardship upon such owner. Failure to maintain the property shall be deemed a self-created hardship. [Amended 7-5-2005 by L.L. No. 27-2005]

**Webmasters Note: The previous subsection has been amended as per Local Law No. 27-

2005.

B. The burden is upon the petitioner to establish that there has been a substantial change and/or the existence of hardship which is not self-created. In the case of hardship, the petitioner must provide evidence of the following to the satisfaction of the Board:

(1) The property is incapable of earning a reasonable return, regardless of whether the return represents the most profitable return possible, if the designation is not revoked, in whole or in part, by the Board. The petitioner shall provide dollars-and-cents proof to demonstrate to the satisfaction of the Board that the claim of hardship is well-founded; and

(2) The property can not be adapted for any other use permitted by the Zoning Ordinance in the zoning district in which the property is located, whether by the current owner or by a purchaser, which would result in a reasonable return; and

(3) It must be demonstrated that reasonable good faith efforts to find a purchaser interested in acquiring and preserving the property have failed.

C. A petition for revocation of a historic designation shall be signed by the owner and filed in the Office of the Town Clerk with an processing fee of two hundred fifty dollars ($250). The petition shall be filed with a copy of the current deed to the property and copies of any rental agreements concerning the property in effect within three (3) years prior to the application date. The owner may submit such other documentation as he/she deems necessary or relevant. The petition shall be on file in the Office of the Huntington Town Clerk for public inspection during business hours. If the property is located within a historic district a copy of the petition and all attachments thereto shall be mailed by the owner/petitioner to the owners of all properties located within the district by regular mail at the addresses shown on the assessment rolls of the Town. In every case, the owners of properties lying within two hundred (200) feet of the exterior boundary lines of the subject parcel or district, if the property is within a district, shall also be notified in the same manner by the petitioner. A copy of the notice and proof of mailing shall be filed in the Office of the Huntington Town Clerk by the petitioner within five (5) business days of the date of filing.

D. The Town Clerk shall forward a copy of each petition filed as in § 198-40.3D. The Commission shall consider the petition and may hire such consultants it deems advisable, upon the consent of the Town Board. The costs of such consultant shall be borne by the Commission.

E. Unless otherwise extended by the Town Board, the Commission shall submit its written findings and recommendations to the Board, the Town Clerk, the Department of Planning and Environment, the Department of Engineering Services and Town Attorney within ninety (90) days of the Commission's receipt of the petition for revocation of a historic designation. In addition, the Commission shall forward a copy of its report to the property owner of the property under review, or, in the case of a property located within a historic district, to the property owners of each parcel located within the district, by regular mail at the addresses shown on the assessment rolls of the Town.

F. The public hearing shall be noticed, held and decided in accordance with the procedures in § 198-40.3(F), (G), (I) and (J). The Town Board's decision revoking the designation shall be recorded as an amendment to this chapter. [Amended 7-5-2005 by L.L. No. 27-2005]

**Webmasters Note: The previous subsection has been amended as per Local Law No. 27-

2005.

G. In determining whether or not to revoke the designation, in whole or in part, the Town Board shall consider the factors in § 198-40.1; the testimony of the petitioner and petitioner's experts; and the findings and recommendations of the Historic Preservation Commission. The Commission's report shall be advisory in nature and the final decision is reserved to the Town Board.

[Added 6-17-2003 by L.L. No. 21-2003]

A. No owner, occupier or person with an interest in a historic landmark, or in any open space, place or structure within a historic district shall permit the same to fall into a serious state of disrepair so as to result in the deterioration of any exterior or scenic feature, including but not limited to:

(1) Deterioration of exterior walls or other vertical supports;

(2) Deterioration of roofs or other horizontal members;

(3) Deterioration of exterior chimneys;

(4) Deterioration or crumbling of exterior facade, stucco, shingles or mortar;

(5) Ineffective waterproofing of exterior walls, roofs or foundations, including broken windows or doors;

(6) Deterioration of any feature so as to create a hazardous and unsafe condition which may result in a claim that demolition, in whole or in part, is necessary to protect the public health or safety;

(7) Material deterioration of the aesthetic or scenic appearance of any portion of the open space or real property including its topographical features and earthworks.

B. An owner, occupier or person with an interest in a historic district, or in any open space, place or structure within a historic district who causes, permits and/or allows the same to fall into a serious state of disrepair shall be in violation of this section, and in addition to any other penalty imposed by law, shall be required to restore the open space, place or structure to its appearance prior to the violation.

[Amended 8-10-1971 by Ord. No. 71-ZC-18; 12-7-1976 by Ord. No. 76-ZC-68; 2-6-1979 by Ord. No. 79-ZC-91; 7-10-1984 by Ord. No. 84-ZC-131; 9-11-1984 by Ord. No. 84-ZC-134; 6-17-2003 by L.L. No. 21-2003]

A. Certificate of approval required; intent.

(1) No work shall be commenced and no Town department or Board shall grant, issue or release a building permit or other approval to erect, construct, reconstruct, repair, restore, renovate, rehabilitate or alter a structure designated as a historic landmark, or any structure within a historic district if it will change the exterior design or scenic or aesthetic appearance thereof unless a certificate of approval has been granted by the Town Board; and no improvement or structure designated as a historic landmark or located within a district shall be moved, demolished or razed, in whole or in part, unless such certificate of approval has been approved. The provisions of this section shall apply equally to open spaces or parcels of land designated as historic landmarks or located within historic districts including any change or alteration to their aesthetic appearance, or topographical features, earthworks, streetscape and/or landscape. An owner, occupier or person with an interest in a historic landmark, or in any open space, parcel of land, place or structure within a historic district who causes, permits and/or allows any act prohibited by this section shall be in violation thereof, and in addition to any other penalty imposed be required to restore the open space, parcel of land, place or structure to its appearance prior to the violation. [Amended 1-13-2004 by L.L. No. 4-2004 ]

**Webmasters Note: The previous subsection has been amended as per Local Law No. 4-2004.

(2) Nothing contained in this article is intended to prohibit the construction, reconstruction, maintenance, repair, alteration, improvement or rehabilitation of public highways, streets, roads, walkways, sidewalks, bridges, culverts, sewer and drainage facilities, water facilities and other public property by Town, county, state and federal agencies or utility companies as long as the site is restored to its original condition.

(3) Nothing contained in this article is intended to prevent changes to the interior of a historic landmark, or to any open space or structure within a historic district; or intended to prevent the ordinary maintenance and such repairs as do not change an exterior architectural feature, the exterior design, material or outward appearance, streetscape, earthworks, topographical features or landscaping of a historic landmark, or to any open space or structure within a historic district.

(4) This article is not intended to prevent the erection, construction, reconstruction, restoration, rehabilitation, repair, alteration or demolition of any part of an existing exterior feature, or facade which, in the opinion of the Director of Engineering Services or his designee, presents an immediate safety hazard and requires immediate emergency repair to preserve the historic landmark; or the open space or structure within a historic district; or to safeguard the health and safety of occupants or other persons. The term "emergency repair" shall not include major replacements/repairs, and is limited to the work necessary to stabilize the historic landmark; or the open space or structure within a historic district; or to protect the safety of occupants or the public. No additional work is to be performed until a certificate of approval has been requested by the applicant and granted by the Town Board, and all other required approvals and permits are obtained.

(5) This article is not intended to relieve a property owner from obtaining a building or demolition permit from the Department of Engineering Services or other approvals required by local, state and federal laws, rules, regulations and ordinances. The work performed shall be in compliance with all applicable requirements.

B. An application for a certificate of approval shall not be accepted for filing by the Department of Engineering Services unless it is complete and accompanied by all required documents. An application fee in an amount determined by the Department of Engineering Services shall be payable at the time of application.

C. Each applicant shall submit an original and four (4) copies of a fully completed application form; five (5) sets of original plans and specifications of the work to be done; and five (5) sets of such other documentation deemed necessary by the Department of Engineering Services. The Department shall forward one (1) copy of the application form, an original set of plans and specifications and one (1) copy of each additional document submitted by the applicant to the Historic Preservation Commission for its review.

D. The Huntington Historic Preservation Commission shall act in an advisory capacity to the Town Board and shall submit its written findings and recommendations to the Town Board, Town Clerk, Department of Engineering Services, Town Attorney and applicant within ninety (90) days of the date of its receipt of an application for a certificate of approval. The Commission's report shall describe the extent to which the proposed work meets the criteria in § 198-41G, H and/or I. If the recommendation is for disapproval or approval with conditions, the Commission shall also state its reasons for such disapproval or conditioned approval of the work and may include suggested changes to the plan which if implemented would be accepted by the Commission.

E. The Department of Engineering Services shall forward a copy of the application form and such other documentation as deemed necessary by the Department to the Town Board. The Town Board shall hold a public hearing to consider the application within ninety (90) days of its receipt of the Commission's findings and recommendations. Notice of the public hearing shall be published by the Town Clerk in the official newspaper(s) of the Town at least ten (10) days prior to the hearing date. In addition, the applicant shall notify the owners of all properties lying within two hundred (200) feet of the exterior boundary lines of the parcel being considered (for work on the open space or structure thereon), of the date, time and place of the public hearing, by regular mail to the addresses shown on the assessment rolls of the Town no less than ten (10) days before the hearing date. A copy of the notice and proof of mailing shall be filed in the Office of the Town Clerk by the applicant no less than four (4) days before the hearing date.

F. At the public hearing, the Town Board, on its own motion, may call witnesses, including architects, engineers, planning consultants or other experts, and may consider such other evidence it deems necessary or advisable.

G. In evaluating an application for a certificate of approval to alter, repair, renovate or change the exterior or scenic appearance or design of any historic landmark, or any open space or structure within a historic district, the Town Board shall consider the purpose of this article; the testimony of the property owner or purchaser and his/her experts; the report of the Huntington Historic Preservation Commission; and the advice, if any, of the Town Historian. It shall also give consideration to any one or more of the following factors:

(1) The impact of the proposed change on the special character or architectural, engineering, cultural, historic or aesthetic interest or value of the historic landmark and the impact, if any, to the surrounding historic district, if within a district;

(2) Whether the proposed action is compatible with the special character or architectural, engineering, cultural, historic or aesthetic interest or value of the landmark and whether the proposed action is compatible with the surrounding historic district, if within a district;

(3) The general design, character and appropriateness of the proposed action to the property itself, surrounding properties and the neighborhood;

(4) The scale of the proposed construction or alteration in relation to the property itself, surrounding properties and the neighborhood;

(5) Whether the proposed construction or alteration is visually compatible with the textures, materials and colors of the facade and roof of the existing building or structure, and its proportion and configuration;

(6) The legally-permitted use of the property and of the improvements, buildings and structures therein;

(7) Any other factor which in the opinion of the Town Board is relevant and/or necessary.

H. In evaluating an application for a certificate of approval to raze or demolish, in whole or in part, any structure which has been designated a historic landmark or which is located within a historic district, the Town Board shall consider the purpose of this article; the testimony of the property owner or purchaser and his/her experts; the report of the Huntington Historic Preservation Commission; and the advice, if any, of the Town Historian. It shall also give consideration to any one or more of the following factors:

(1) The special character or architectural, engineering, cultural, historic or aesthetic interest or value of the structure;

(2) If it is within a historic district, the significance of the structure in relation to the special character or architectural, engineering, cultural, historic or aesthetic interest or value of the district and the probable impact of its removal on the district;

(3) Its structural condition and the economic feasibility of alternatives to the proposal. Consideration shall be given to whether deliberate or negligent conduct on the part of the owner, his agent, or occupier of such structure has contributed to its structural condition and/or physical deterioration, and whether the public health and safety would be benefitted by razing or demolishing the same;

(4) Its importance to the Town and the extent to which its special character or architectural, engineering, cultural, historic or aesthetic interest or value is such that its removal would be detrimental to the public interest or its retention would benefit the community;

(5) The legally-permitted use of the property and of the structures therein;

(6) Any other factor which in the opinion of the Town Board is relevant and/or necessary.

I. In evaluating an application for a certificate of approval to move any structure which has been designated a historic landmark or which is located within a historic district, the Town Board shall consider the purpose of this article; the testimony of the property owner or purchaser and his/her experts; the report of the Huntington Historic Preservation Commission; and the advice, if any, of the Town Historian. It shall also give consideration to any one or more of the following factors:

(1) The historic, architectural, engineering, cultural or aesthetic loss of the structure to the original site and to the district as a whole, if applicable;

(2) The reasons for not retaining the structure at its present location and the economic feasibility of alternatives to the proposal;

(3) Its structural condition and the probability of significant damage to the structure itself;

(4) The compatibility, nature and character of the current and proposed location as they relate to the protection, preservation and enhancement of the structure;

(5) The legally-permitted use of the property and of the structures therein;

(6) Any other factor which in the opinion of the Town Board is relevant and/or necessary.

J. Within ninety (90) days of the public hearing, the Town Board may approve an application, in whole or in part, and with or without special conditions or modifications, or may deny the application. Unless extended by the Town Board, the application shall be deemed denied if the Board fails to act within such ninety-day period. The Department of Engineering Services shall mail a copy of the Board's decision to the applicant; or if the Town Board has permitted the ninety-day period to expire without extension, the Department of Engineering Services shall provide the applicant with notice of such denial. Said decision or notice of denial shall be mailed by regular mail to the address shown on the application for a certificate of approval. The decision of the Board is final as to the Town of Huntington and the resolution, if one is generated, shall be filed in the Office of the Town Clerk.

K. In every case where a certificate of approval has been granted by the Town Board, the Director of Engineering Services shall issue a building permit or other approval, provided that the proposed work complies in all respects with the conditions and modifications imposed by the Town Board; the applicable provisions of the Codes of the State of New York; and the Code of the Town of Huntington. No work shall commence until a building permit and all other necessary approvals are issued by the Town of Huntington and any other agency having jurisdiction. A person or business entity who commences work, or causes and/or permits the work to be commenced, without the issuance of a building permit and all other necessary approvals shall be in violation of this chapter. [Amended 1-13-2004 by L.L. No. 4-2004 ]

**Webmasters Note: The previous subsection has been amended as per Local Law No. 4-

2004..