The purpose of this article is to promote the educational, cultural, and economic interests and general welfare of the residents of the Village of Goshen and the public at large through the protection, enhancement, perpetuation and preservation of the buildings and their architectural character within the downtown business and historic areas of the Village of Goshen, shown on the village zoning map as the "Architectural Design District." The architectural design district shall be an overlay district with boundaries generally conforming to those depicted in the downtown revitalization plan prepared by Weintraub and diDomenico in 1984, as amended from time to time by the village board. Furthermore, the village board of the Village of Goshen hereby declares that it is a public purpose and in the public interest to insure that:

15.1.1. It is recognized that existing historic buildings and buildings that support them in context are valuable resources. Preservation of such buildings is necessary to promote the economic, cultural, educational and general welfare of the public;

15.1.2. The value to the community of these buildings having architectural and historical worth as related to the architectural design district shall not be impaired; and

15.1.3. The stability and value of both improved and unimproved real property in such areas shall not be impaired; and

15.1.4. The most appropriate development of the architectural design district will be insured; and

15.1.5. The degradation of the property in the architectural design district along [with] the attendant deterioration of conditions affecting the health, safety, and general welfare of the inhabitants of the community will be insured against; and

15.1.6. The proper relationship between the taxable value of real property in the community and the cost of municipal services provided therefor will be maintained; and

15.1.7. The architectural design district will be maintained and preserved to promote its use for the education, pleasure and welfare of the citizens of the Village of Goshen and visitors therein; and

15.1.8. All public and quasipublic open area improvements shall be in accord with these standards and the concepts contained in the downtown revitalization plan as prepared by Weintraub and diDomenico in 1984, in general, and as modified by the village board from time to time.

(L.L. No. 4-2000, 12-18-00

15.2.1. All nonresidential projects located within the architectural design district, and requiring site plan approval or demolition approval from the planning board or a building permit as specified in section 15.2.2, shall be required to obtain an architectural design district permit from the building inspector.

15.2.2. Every application for a building permit involving any exterior construction, addition, alteration, reconstruction, resurfacing or open area improvement of any structure within the architectural design district, which would affect the exterior architectural appearance of such structure, shall be made to the building inspector and shall be accompanied by an application for an architectural design district permit. Said application shall also be accompanied by (in addition to all other fees required under the ordinance) those fees mandated by section 15.5 [15.6] of this article. The building inspector shall refer all such applications to the planning board for a decision as to approval or approval with modification, or disapproval. The building inspector shall review the planning board's decision and, if approved, shall issue an architectural design district permit which shall state any condition outlined in the planning board's approval. A decision by the planning board shall be rendered within 45 days after complete application and pertinent information is received.

15.2.3. Applications for demolition or removal of buildings within the architectural design district shall be reviewed by the planning board to determine the appropriateness of preservation. Buildings that are designated landmarks, within an Historic District, or identified as historic resources or properties which contribute to the character of the architectural design district shall be retained, with their historic features altered as little as possible. Applications for demolition within the ADD or any historic district within the village shall be considered type I actions under SEQR and subject to a part 3 evaluation.

(L.L. No. 5-2001, § 7, 12-17-01)

15.2.4. For nonresidential projects requiring site plan approval and an architectural design district permit, both applications shall be submitted directly to the planning board for review, accompanied by a site development plan, signage plan, and architectural renderings as needed, plans, etc., in accordance with section 15.3. The planning board shall review all architectural material, and with input from a licensed architectural consultant appointed by the village board, shall approve, disapprove, or approve with modifications the project in order to maintain the desirable character of the architectural design district and prevent construction, reconstruction, alteration, resurfacing or demolition out of harmony with existing buildings within the design district as a whole insofar as style, materials, line and detail are concerned and thus to prevent the degradation of property values, safeguard public health and interest and promote safety and preserve the beauty and character of the architectural design district.

(L.L. No. 5-2001, § 7, 12-17-01)

15.2.5. The planning board may, in exercising or performing its powers, duties or functions with respect to any improvements in the architectural design district, advise and recommend with respect to the exterior construction, reconstruction, alteration, resurfacing, demolition or use of such improvement, determinations or conditions which are more restrictive than those prescribed or made by or pursuant to other provisions of law applicable to such activities, work or use.

15.2.6. The building inspector's powers are extended so as to include the authority to examine, review, approve or modify applications for sign permits as regulated by the provisions of the zoning ordinance and/or sign reference manual, as amended, within said architectural design district.

15.2.7. Exceptions. Nothing in this article shall be construed to prevent the ordinary maintenance, replacement, and repair of any exterior architectural feature in the architectural design district which does not involve a change in design, material or outward appearance thereof including painting. Nothing in this article shall be construed to prevent the construction, reconstruction, alteration, or demolition of any exterior architectural feature which the building inspector shall determine, in writing, is required by public safety because of dangerous or unsafe conditions.

(L.L. No. 4-2000, 12-18-00)

In making determinations as provided for in this section and reviewing site development plans, structural plans, building elevations, materials, facade treatments, signs and open area landscape plans and publicly used driveways and walkways, the planning board and its consultant shall consider the proposals in regard to the general criteria and purpose provided for in section 15.1 and the following specific criteria:

15.3.1. The structure shall fit substantially into the overall plan and general design of the district as outlined in the Weintraub-diDomenico study of 1984 as amended from time to time by the village board.

15.3.2. The site plan and exterior design of a new building or addition shall fit with the historic architectural design district and the character of the existing buildings.

15.3.3. The building design shall not impair the historic or architectural value or worth of surrounding property and thus lead to the possible degradation of property values.

15.3.4. In open space areas, the trees, walks, plantings, signage and drives shall conform with the design parameters of the Architectural Design District and the Historic District.

15.3.5. Signs shall meet all zoning ordinance requirements and shall also substantially conform to the sign design standards, as adopted by the village board. In addition, the following requirements must be met within the Architectural Design District:

1.

Freestanding signs shall not exceed four feet in height.

2.

Signs shall not exceed 15 square feet.

3.

Signs shall be constructed of traditional materials.

4.

Signs shall be indirectly lit.

15.3.6. In reviewing plans, the planning board shall encourage, and may require upon recommendation of their consultant, the following treatments to exterior portions of buildings which are exposed to public view:

1.

Setbacks to the street shall be consistent with those in the vicinity. Historical setbacks shall be respected. Designs shall foster a pedestrian environment. Parking shall be accommodated in side and rear yards and shall not interrupt the streetscape.

2.

Heights of adjoining buildings should be in a common range, excepting church steeples, clock towers and certain government or institutional buildings. Storefronts should be consistent with respect to cornice heights and glazing.

3.

Facade materials shall be traditional, including but not limited to wood, brick and stone.

4.

Exterior features of existing buildings.

(a)

Retaining original masonry and mortar.

(b)

Re-pointing mortar joints where there is evidence of moisture infiltration.

(c)

Cleaning masonry only when necessary to halt deterioration, or for cleaning graffiti and stains.

5.

Windows and doors.

(a)

Reserved.

(b)

Reserved.

(c)

Retain and repair window and door openings, frames, glass, etc., where they contribute to the architectural and historical character of the structure; or

(d)

Replace missing windows with new windows that match the original historic styling.

6.

Roofs and roofing.

(a)

Preserve original roof shape.

(b)

Where possible, retain original roofing material, only where they are unique and in view, or replace with new material matching the old.

7.

Design features.

(a)

Maintain the pattern, size and proportion of existing windows, doors and other openings or running courses.

(b)

Retain and incorporate special design features such as bricks, tiles, lintels, fascia, chimneys, original cornice work, roof trusses and other architectural features peculiar to the buildings.

8.

Site lighting shall fit in and be harmonious with the design of the Architectural Design District overall.

15.3.7. In reviewing plans, the planning board shall discourage and may not permit, upon recommendation by its consultant, the following treatments:

1.

Exterior features.

(a)

Applied waterproof coatings or surface consolidation material.

(b)

Re-pointing with mortar joints of a different profile, size and texture.

(c)

Cleaning masonry with harsh methods such as "sandblasting."

(d)

Removal of any significant architectural features.

2.

Windows and doors.

(a)

Change in location or size of doors, windows and openings that alter the architectural features and historical character of the structure.

(b)

Installing shutters, blinds, awnings, [or] storm windows which are historically inappropriate.

3.

Roof and roofing.

(a)

Change of character of roof or roofs where they are visible from a street or adjacent building.

15.3.8. New buildings shall be unique while, at the same time, form a design relationship with the architectural features of existing buildings and through the use of materials and design, form a cohesive whole that enhances and retains balance in the Architectural Design District downtown area.

15.3.9. Architectural features, canopies and awnings which are found appropriate, but which project onto or over public rights-of-way such as sidewalks, streets and parks, shall receive a letter of approval from the village board before they can be erected.

15.3.10. Enforcement of the provisions for reconstruction to original state and restoration to original detail as provided for in items 15.3.5 [15.3.6] and 15.3.7 above for existing buildings shall be applied by the planning board based on the historical quality and condition of the building in general and safety and health hazards in particular.

15.3.11. Exterior balconies and fire escapes which are exposed to public view and required by law for safety purposes shall be maintained and/or replaced. However, every fire escape shall be made less conspicuous through the use of background colors or relocation of such facilities to the side or rear of buildings where feasible or through the use of less dominant structures in accordance with all fire codes.

15.3.12. The planning board may consider cost of improvements as a factor in its efforts to achieve the objectives of this article.

(L.L. No. 4-2000, 12-18-00; L.L. No. 3-2013, § 6, 7-8-2013)

15.4.1. Upon referral of an architectural design district permit application and architectural renderings of a proposed project by the planning board, the consultant shall review the materials and make professional recommendations in a report to the planning board as to the following issues:

15.4.1.1. Whether the proposed project will conform to, or conflict with, the criteria of the ADD, as set forth in sections 15.1 and 15.3.

15.4.1.2. How the project may be improved architecturally to conform to the standards of the ADD and to preserve the character of the downtown area.

15.4.2. The architectural consultant shall review the referred materials and submit a report to the planning board within 30 days of receipt of the materials. In the event that the planning board has not received a report within 30 days of the referral date, the planning board is authorized to make its own determination based on the criteria set forth in sections 15.1 and 15.3.

15.4.3. In the event of an extended period of time where the consultant is unavailable to review projects and make recommendations to the planning board, it shall be the consultant's responsibility to find a suitably qualified architect to prepare the reviews in the consultant's absence.

15.4.4. Prior to any absence, the architect shall notify the planning board, in writing, of the name and qualifications of the recommended temporary consultant, which temporary consultant shall be considered and approved by the planning board.

15.5.1. It shall be deemed an unlawful act for anyone to erect, construct, alter, extend, remove or demolish a structure regulated within the architectural design district without both a building permit and an architectural design district permit.

15.5.2. The building inspector shall serve a notice of violation to person, persons or firm/firms responsible for the structural violations as per paragraph 15.4.1 [15.5.1] above and this violation shall be a violation of the permit issued under the provisions of this law. Such notice shall serve to direct the discontinuance of the illegal action.

15.5.3. Failure to comply with any of the provisions of this article shall be deemed a misdemeanor and the violator shall be liable to a fine of $1,000.00, and each day such violation continues shall constitute a separate violation.

15.5.4. Upon notice to the owner or owners by the building inspector, for any violations of the provisions of this article, such work shall be promptly stopped. A written stop work order citing specific violations as provided herein shall be issued to additional owner/owners, his agent or person doing the work; and shall state specific conditions under which work may resume.

15.5.5. Any person or persons who disregard said stop work order and continue in violation of the provisions of this code shall be liable to a fine of not less than $500.00.

15.5.6. Restoration of structure. Any building that is restored to safe condition for use as a residence or for occupancy by the public and such restoration exceeds 50 percent of the replacement value (excluding the foundation) shall be made to comply in all respects with the New York State 1984 Building Code, and as amended.

(L.L. No. 4-2000, 12-18-00)

The following fees shall be in such amounts as the board of trustees may establish from time to time by resolution at a regular meeting thereof:

15.6.1. Site development plan application fee. Said fee shall be deposited upon submission of the site development plan to the building inspector.

15.6.2. Architectural consultant fee. Together with submission of a site development plan in regard to any project located within the architectural design district, the applicant shall submit a fee in such amount as the planning board may establish by resolution at a regular meeting. Said fee shall be applied toward the cost of obtaining and securing the advice or assistance of the architectural consultant as provided for in section 15.2.3 of this ordinance.