[HISTORY: Adopted by the Board of Trustees
of the Village of Woodbury 8-12-2008 by L.L. No. 6-2008. Amendments noted where
applicable.]
[Amended 1-14-2021 by L.L. No. 1-2021]
The Village Board hereby finds that excessive
uniformity or dissimilarity of design, disproportionate size or height,
excessive gross floor area (especially to the point of allowing such
space to be used for other than the represented purpose), inappropriateness
or poor quality of design in the exterior appearance of buildings
erected in any neighborhood adversely affects the desirability of
the immediate area and neighboring areas for residential and business
purposes or other use and, by so doing, impairs the benefits of the
occupancy and development of existing and future properties in such
areas, impairs the stability and value of both improved and unimproved
real property in such areas, prevents the most-appropriate development
of such areas, produces degeneration of property in such areas with
attendant deterioration of conditions affecting the health, safety,
comfort and general welfare of the inhabitants thereof, and destroys
a proper relationship between the taxable value of real property in
such areas and the cost of municipal services provided therefor. It
is the purpose of this chapter to prevent these and other harmful
effects of such exterior appearances of buildings erected and thus
to promote and protect the health, safety, comfort and general welfare
of the community, to promote the public convenience and prosperity,
to conserve the value of buildings and to encourage the most appropriate
use of land within the Village.
The Planning Board of the Village of Woodbury
is hereby designated as the Architectural Review Board and may adopt
such rules not inconsistent with this chapter.[1]
[1]
Editor's Note: Former § 8-3, Review and recommendations,
amended 1-14-2021 by L.L. No. 1-2021, was repealed 10-28-2021 by L.L.
No. 12-2021.
[Amended 1-14-2021 by L.L. No. 1-2021; 10-28-2021 by L.L. No. 12-2021]
A.
The
Planning Board, in reviewing subdivisions, planned unit developments,
multiple-family dwellings, site plans, special use permits, and all
other applications needing Architectural Review Board approval, shall
require the developer or owner of the project to submit its plans
for development of the land, including the type and detail of buildings
to be constructed or altered, the location of the buildings on the
proposed site and the type and details of architecture. Acting in
its role as Architectural Review Board, the Planning Board shall review
the plans of the development, attend an on-site inspection, and analyze
the design, architecture, and size of all buildings.
B.
The Planning Board, in its role as Architectural Review Board, shall also review plans and specifications for the following buildings, and alterations to buildings not previously approved (e.g., options, alternates) that change its outside physical dimension in any respect, as defined in Chapter 310, Zoning, of the Code of the Village of Woodbury:
C.
Notwithstanding
the above, the following shall not require review by the Architectural
Review Board:
(1)
Pools, in-ground, aboveground, and temporary.
(2)
Detached sheds or other residential accessory structures, including
but not limited to pool houses, less than 500 gross square feet.
(3)
New decks, and additions to decks, resulting in less than 750 gross
square feet total deck area.
[Amended 10-12-2023 by L.L. No. 14-2023]
(4)
Residential and nonresidential roof-mounted solar panels, extending
in height no more than 12 inches from the roof surface.
(5)
In-kind replacement of features that do not require more than de
minimis modification to the structure, such as windows, doors, and
garage doors.
(6)
Retaining walls that are less than six feet in height.
(7)
Signs, other than those subject to Planning Board approval.
(8)
Radio, television and microwave antennas, except for such antennas
installed on the roof of a building and extending not more than 15
feet above the highest level of the roof of such building.
(9)
Pergolas.
(10)
Outdoor bins.
(11)
Residential fixed awnings.
(12)
Additions to a structure, which are less than or equal to an increase
in the footprint of the existing structure of 1,500 square feet in
the aggregate, where the principal structure is in its original built
form (on file with the Building Department), with no modifications
that have not been previously approved by the Planning Board and/or
Building Department. If modifications have been approved by the Planning
Board and/or Building Department that have reached or exceeded the
1,500-square-foot maximum set forth above in the aggregate within
five years of a new application, architectural review shall be required.
[Added 10-12-2023 by L.L.
No. 14-2023]
(13)
The Code Enforcement Officer shall have sole discretion to refer any application to the ARB for review, even if the project is exempt under § 8-4C (e.g., if the project is visible from the street or could have an apparent impact on a neighboring property owner).
[Added 10-12-2023 by L.L.
No. 14-2023]
[Amended 1-14-2021 by L.L. No. 1-2021]
The Planning Board, acting in the role of Architectural
Review Board, may approve, conditionally approve subject to special
modifications, or disapprove, any application, provided that such
determination is based on the appropriateness or inappropriateness
of the proposed building or alteration in the following respects:
A.
Excessive similarity, dissimilarity or inappropriateness
in relation to itself or to any other structure existing or for which
a permit has been issued or to any other structure included in the
same permit application, facing upon the same street or within the
same or surrounding neighborhood, including neighboring developments,
in respect to one or more of the following features:
(1)
Exterior façade of all building sides, including,
but not limited to, building materials, mass, roof line, architectural
style and authenticity, colors, size, proportion, roof design and
height.
(2)
Size and arrangement of doors, windows, porticoes
or other openings or breaks in the façade, including reverse
arrangement.
(3)
Footprint and gross floor area, including all or portions
of the structure.
B.
An alteration to a building otherwise subject to architectural
review by the Planning Board shall be exempt from such review if it
is a repair or replacement in kind of a portion of the building, provided
there is no change in the outside physical dimensions of the building
as previously approved.
[Amended 10-28-2021 by L.L. No. 12-2021]
In cases where the Planning Board's review and
approval is required hereby, the Code Enforcement Officer shall not
issue a building permit until the Planning Board has approved the
plans and specifications for a building or alteration. The applicant
for a building permit shall submit to the Code Enforcement Officer
such plans and specifications as he may require for the purposes hereof.
[Amended 10-28-2021 by L.L. No. 12-2021]
The Code Enforcement Officer shall not issue a building permit
for, or certificate of occupancy upon completion of, any building
or alteration unless he/she finds that such building or alteration
is in conformance with the plans and specifications approved by the
Planning Board.
[Amended 1-14-2021 by L.L. No. 1-2021]
In approving or disapproving plans and specifications
for a building or alteration, the Planning Board, acting in its role
as Architectural Review Board, shall consider the purposes above stated
to promote architectural beauty and harmony of building design, to
prevent the monotony of residential housing, and to prevent buildings
from being improperly designed and located in relation to land contours,
lot lines, street lines and use.
[Amended 1-14-2021 by L.L. No. 1-2021; 10-28-2021 by L.L. No. 12-2021]
The Planning Board, in its role as Architectural Review Board,
may waive or vary any requirements of this chapter regarding similarity
of buildings where the layout of the neighborhood, lot patterns, topography,
natural features used and the siting of individual structures is such
to avoid monotony of appearance despite similarity of buildings.
