[HISTORY: Adopted by the Board of Trustees
of the Village of Pomona 10-28-1991 by L.L. No. 4-1991. Amendments noted where
applicable.]
[Amended 1-27-1997 by L.L. No. 3-1997]
A.
It is the purpose of this chapter to preserve and
promote the character and appearances and conserve the property values
of the Village, the attractiveness of which is the economic mainstay
of the community, by providing procedures for an architectural review
of structures henceforth erected, reconstructed or altered in the
Village and thereby to:
(1)
Encourage good quality of exterior building design
and appearances to the site and surroundings of the structure;
(2)
Permit originality and resourcefulness in building
design and appearance which are appropriate to the sites and surroundings;
(3)
Prevent such designs and appearances as are unnecessarily
offensive to visual sensibilities.
B.
The Village Board hereby finds inappropriateness or
poor quality of design in the exterior appearance of buildings or
land developments adversely affects the desirability of the immediate
area and neighboring areas and, by so doing, impairs the benefits
of occupancy of existing property in such areas, impairs the stability
and value of both improved and unimproved real property in such areas,
retards the most appropriate development of such areas, produces degeneration
of property in such areas with attendant deterioration of conditions
affecting the health, safety, morals and general welfare of the inhabitants
thereof and creates an improper relationship between the taxable value
of real property in such areas and the cost of municipal services
provided therefore. It is the purpose of this chapter to prevent these
and other harmful effects of such exterior appearance of buildings
and land developments and thus to promote and protect the health,
safety, morals and general welfare of the community.[1]
[1]
Editor's Note: Former Subsection C, regarding
the applicability of this chapter to subdivision plats filed after
10-28-1991, added 5-19-1997 by L.L. No. 6-1997, was repealed 7-26-2004
by L.L. No. 3-2004.
[Amended 1-27-1997 by L.L. No. 3-1997]
There is hereby created a Board of Architectural
Review (BAR) consisting of five members, all of whom shall be members
of the Planning Board of the Village of Pomona. The term of each member
of the Board of Architectural Review shall be coterminous with each
such member's term as a member of the Planning Board. The Chairperson
of the Board of Architectural Review shall be the same person who
serves as Chairperson of the Planning Board.
[Amended 1-27-1997 by L.L. No. 3-1997]
Meetings of the Board of Architectural Review shall be held upon the referrals from the Planning Board, the Zoning Board of Appeals or the Building Inspector of the Village of Pomona. A majority of the BAR shall constitute a quorum for the transaction of business. The BAR shall keep minutes of its proceedings, showing the vote of each member upon each question or, if absent or failing to vote, indicating such fact. The BAR shall have the authority, from time to time, to adopt, amend and repeal rules and regulations consistent with law and the provisions of this chapter governing its procedure and the transaction of its business and for implementing the standards and criteria set forth in § 3-5 of this chapter. The BAR shall have the authority to hire appropriate consultants and professionals for technical assistance.
[Amended 1-27-1997 by L.L. No. 3-1997]
A.
The BAR shall review all applications for building
permits for nonresidential construction and all applications for building
permits that would result in three or more residential structures
substantially similar to each other that are proposed to be constructed
within 500 feet of each other on the same street or road to which
the lot for which the building permit is sought will have access.
[Amended 5-19-1997 by L.L. No. 6-1997; 10-27-1997 by L.L. No.
12-1997; 7-26-2004 by L.L. No. 3-2004]
B.
Applications for building permits which are referred
to the BAR shall be accompanied by eight sets of scaled building plans,
to be supplied by the applicant, showing all elevations and dimensions
of all affected structures, a landscape plan and a site plan showing
both existing and proposed contours at two-foot intervals, all significant
physical features and all existing trees having a circumference of
25 inches or more at a height 4 1/2 feet above existing ground
level at the base of the tree on the uphill side, and whether or not
it is proposed that such trees shall remain or be removed.
[Amended 5-19-1997 by L.L. No. 6-1997; 11-25-2003 by L.L. No.
9-2003; 9-7-2004 by L.L. No. 4-2004]
C.
The application shall be placed on the agenda for
the next regularly schedule BAR meeting but in no event less than
15 nor more than 60 days after receipt of a complete application.
The BAR may require the applicant to submit additional plans, renderings,
date and any other document or information that it deems necessary
to make a determination. The BAR shall approve, approve with conditions
or disapprove the application. In the even the BAR approves with conditions
or disapproves the application, the BAR shall issue written findings
of fact and state the reasons for its decision in writing. Decisions
of the BAR shall be transmitted to the Building Inspector and the
applicant.
[Amended 5-19-1997 by L.L. No. 6-1997; 7-26-2004 by L.L. No.
3-2004]
A.
Approval of any application referred to the Board
shall be by a vote of at least a majority of the members of the Board
of Architectural Review.
[Amended 7-26-2004 by L.L. No. 3-2004]
B.
In considering an application, the Board shall take
into account natural features of the site and surroundings, exterior
design and appearances of existing structures and the character of
the district and its peculiar suitability for particular purposes,
with a view to conserving the values of property and encouraging the
most appropriate use of land. In so doing, the Board may consider
the predominant features of surrounding structures, in order to establish
a framework for evaluation for the proposed structure, such as the
massing or footprint of surrounding houses, orientation to the street,
roof type and roof pitch.
[Amended 1-27-1997 by L.L. No. 3-1997; 7-26-2004 by L.L. No.
3-2004]
C.
The Board may approve any application referred to
it upon finding that the building or structure for which the permit
was requested, if erected or altered in accordance with the submitted
plan, would be in harmony with the purpose of this chapter; would
not be visually offensive or inappropriate by reason of poor quality
of exterior design, excessive similarity or striking visual discord
in relation to the site or surroundings; would not mar the appearance
of the area; would not impair the use, enjoyment and desirability
and reduce the values of properties in the area; would not be detrimental
to the character of the neighborhood; would not prevent the most appropriate
development and utilization of the site or of adjacent lands; and
would not adversely affect the functioning, economic stability, prosperity,
health, safety and general welfare of the entire community.
D.
In approving any application, the Board may impose reasonable and appropriate conditions and safeguards designed to prevent the harmful effects set forth in § 3-1, including conditions as to landscaping and modifications to the proposed structure.
[Amended 1-27-1997 by L.L. No. 3-1997]
E.
The Board may disapprove any application for a permit, provided that the Board has afforded the applicant an opportunity to confer upon and incorporate suggestions for change of the plan, and provided that the Board finds and states that the structure for which the permit was requested would, if erected as indicated, provoke one or more of the harmful effects set forth in § 3-1 by reason of:
(1)
Excessive similarity to any other structure or structures
located on the same street or corner thereof and within 150 feet of
the site of the structure for which a building permit is requested,
in respect to one or more of the following features of exterior design
and appearance:
(a)
Substantially identical facade, disregarding color.
(b)
Substantially identical size and arrangement of either
doors, windows, porticoes, porches or garages or other openings or
breaks or extensions in the facade, including reverse arrangements.
(c)
Other substantially identical features, such as, but
not limited to, setbacks from street lines; heights, widths and lengths
of elements of the building design; and exterior materials and treatments.
(2)
Striking dissimilarity, visual discord or inappropriateness
with respect to other structures located on the same street or a corner
thereof and within 150 feet of the site of the structure for which
a building permit is requested, in respect to one or more of the following
features of exterior design and appearance:
(a)
Facade, disregarding color.
(b)
Size and arrangement of doors, windows, porticoes,
porches or garages or other openings, breaks or extensions in the
facade.
(c)
Other significant design features, such as but not
limited to heights, widths and lengths of elements of design, exterior
materials and treatments, roof structures, exposed mechanical equipment,
service and storage areas, retaining walls, landscaping, signs, light
posts, parking areas and fences and service and loading areas.
(3)
Visual offensiveness or excessive similarity or dissimilarity,
incompatibility due to size, orientation and excessive impact upon
the privacy of an adjacent property or existing residence or incompatibility
of the proposed structure with the terrain on which it is to be located,
including but not limited to excessive divergences of the height or
levels of any part of the structure from the grade of the terrain,
excessive grading or loss of existing vegetation, excessive divergences
in the height of any portion of the structure from the natural or
finished grade and the treatment of exposed foundations.
[Amended 1-27-1997 by L.L. No. 3-1997]
[Amended 7-26-2004 by L.L. No. 3-2004]
The Building Inspector shall not issue a building permit for any application disapproved by the BAR as provided in § 3-5.
[Added 7-26-2004 by L.L. No. 3-2004[1]]
Any person aggrieved by a decision of the BAR
may appeal such decision to the Board of Trustees of the Village of
Pomona. Such appeal shall be filed within 30 days after the decision
has been filed in the office of the Building Inspector. The Board
of Trustees shall make a decision on said appeal within 60 days after
receiving a formal application therefor.
[1]
Editor's Note: This local law also repealed
former § 3-7, Review of BAR recommendations, as amended.
