Town/Village of East Rochester, NY
Monroe County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of East Rochester 2-9-1983 by L.L. No. 2-1983 as Ch. 4 of the 1983 Code. Amendments noted where applicable.]
This chapter shall be known as the "East Rochester Architectural Review Local Law."
The Village Board hereby finds that excessive uniformity, dissimilarity, inappropriateness or poor quality of design in the exterior appearance of buildings erected in any area adversely affects the desirability of the immediate area and the neighboring areas for residential and business purposes or other purposes 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 with attendant deterioration of conditions affecting the health, safety and general welfare of the community 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 appearance of buildings erected or altered in any area and thus to promote the health, safety and general welfare of the community, conserve the value of buildings and encourage the most appropriate use of land within the town/village.
A. 
There is hereby created a Board of Architectural Review which shall consist of five members, who shall serve without compensation. All members of the Board shall be residents of the Town/Village of East Rochester and shall be deemed qualified by reason of training, experience or civic interest and by reason of sound judgment to determine the effects of a proposed building upon the desirability, property values and development of surrounding areas. At least one member of such Board shall be a registered architect in the State of New York.
(1) 
The members of such Board and its Chairman shall be appointed by the Mayor of the Village of East Rochester with the concurrence of the Village Board. Of the members of the Board first appointed, one shall hold office for the term of one year, two for the term of two years and two for the term of three years from and after their appointment. Their successors shall be appointed for the term of three years from and after the expiration of the terms of their predecessors in office. If a vacancy shall occur otherwise than by expiration of term, it shall be filled by the Mayor of the Village of East Rochester with a concurrence of the Village Board. The Mayor of the Village of East Rochester, with a concurrence of the Village Board, shall have power to remove any member of the Board for cause and after public hearing.
(2) 
The Village Board shall designate the Building Inspector as Secretary of the Board. All meetings of the Board shall be held at the call of the Chairman and at such other times as such Board may determine, but shall be held within 62 days of the date of any application for a building permit referred to the Board as required in § 4-4 of this chapter. Three members of such Board shall constitute a quorum for the transaction of business. All meetings of such Board shall be held at the Town/Village Hall and shall be open to the public. Such Board shall keep minutes of its proceedings showing the vote of each member upon every question and shall also keep records of its examinations and other official actions.
[Amended 3-8-1999 by L.L. No. 1-1999]
B. 
The Board shall have the power from time to time to adopt, amend and repeal rules and regulations, not inconsistent with the law or this chapter, governing its procedure and the transaction of business and for the purpose of carrying into effect the standards outlined in § 4-4 of this chapter. Every rule and regulation, every amendment or repeal thereof and every order, requirement, decision or determination of the Board shall immediately be filed in the office of the Board and with the Village Clerk-Treasurer at the Town/Village Hall and shall be a public record.
The Building Inspector shall promptly refer to the Board every application for a building permit. Such referral shall be determined so that the plans and the specifications submitted with such application comply in all respects with all other ordinances, rules and regulations of the Town/Village of East Rochester. Such Board may approve, approve conditionally, subject to specified modifications or disapprove any building permit referred to it, provided that such disapproval shall be by a unanimous vote where there are fewer than five members acting upon the matter being voted upon or by the vote of at least four members of such Board where there are five members acting upon the matter being voted upon, and provided that such Board finds that the structure or building for which the permit was applied would, if erected or altered, be so detrimental to the desirability, property values or development of the surrounding areas as to provide one or more of the harmful effects set forth in § 4-2 hereof by reason of:
A. 
Excessive similarity 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 or intersecting street and within 1,000 feet of the proposed site as measured along center lines of streets in any residential district in respect to one or more of the following features of exterior design and appearance:
(1) 
Apparently identical front or side elevations.
(2) 
Substantially identical size and arrangement of either doors, windows, porticos or other openings or breaks in the elevation facing the street, including reverse arrangement.
(3) 
Other significant identical features of design, such as but not limited to material, roofline and height or other design elements, provided that a finding of excessive similarity shall state not only that such excessive similarity exists but that it is of such a nature as to be reasonably expected to provoke one or more of the harmful effects set forth in § 4-2 hereof.
B. 
Excessive dissimilarity in relation 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 or intersecting street and within 1,000 feet of the proposed site as measured along center lines of streets in any residential district in respect to one or more of the following features:
(1) 
Height of building or height of roof.
(2) 
Other significant design features, such as material or quality of architectural design, provided that a finding of excessive dissimilarity shall state not only that such excessive dissimilarity exists but that it is of such a nature as to be reasonably expected to provoke one or more of the harmful effects set forth in § 4-2 hereof and that the finding is not based on personal preference as to taste or choice of architectural style.
C. 
Inappropriateness in relation to the established character of other structures in residential, commercial and industrial districts in respect to significant design features, such as material or quality or architectural design, provided that a finding of inappropriateness shall state not only that such inappropriateness exists but that it is of such a nature as to be reasonably expected to provoke one or more of the harmful effects set forth in § 4-2 hereof and that the finding is not based on personal preference as to taste or choice of architectural style.
[Amended 3-8-1999 by L.L. No. 1-1999]
The Building Inspector shall refuse any building permit application disapproved as provided in § 4-4 hereof. If the Board of Architectural Review shall fail to disapprove any such application referred to it within 62 days of the date of filing such application or if such Board shall approve any such application, the Building Inspector shall forthwith issue the building permit, provided that it conforms in all respects to all other applicable laws and ordinances.
Any person aggrieved by the action of the Board of Architectural Review in disapproving a building permit application and of the Building Inspector in denying such permit because of such disapproval may take an appeal therefrom to the Zoning Board of Appeals pursuant to the Village Law of the State of New York in the same manner as is provided for other zoning appeals, and such Zoning Board of Appeals, after proceeding in the same manner as is provided for other zoning appeals and with the same power and authority therein vested in passing upon appeals before it under the provisions of law and this chapter and in the exercise thereof, may reverse or affirm or modify and affirm the actions of the Board of Architectural Review and of the Building Inspector.Editor's Note: Original § 4-7, Consultation with Planning Board, which immediately followed this section, was deleted at time of adoption of Code 3-8-1999 by L.L. No. 1-1999 (see Ch. 1, General Provisions, Art. I).
A. 
No exterior facade of any building or structure situated in a commercial or industrially zoned district may be altered or modified in any manner whatsoever without the prior written approval of the Board of Architectural Review.
B. 
A written application to modify or alter the exterior facade of any building or structure situated in a commercial or industrially zoned district shall be filed with the Building Inspector, who shall promptly refer the application to the Board of Architectural Review. The Board shall approve or disapprove the application in the same manner as it approves or disapproves an application for a building permit pursuant to this chapter.
C. 
The exterior facade of any building or structure shall be defined as the materials used on the exterior of a building or structure, including therein any architectural openings.
[Added 8-9-1993 by L.L. No. 2-1993]
A. 
The Board of Trustees of the Village of East Rochester finds that combining the Architectural Review Board and the Planning Board will allow those Boards to better accomplish their purposes, will promote a more efficient administration of their functions and will prevent a duplication or overlapping of their efforts, thereby better serving the public interests.
B. 
The existing Architectural Review Board and the existing Planning Board are hereby combined, and there is hereby created a Joint Planning and Architectural Review Board which shall consist of seven members. Present members of the existing Planning Board and the existing Architectural Review Board shall be the members of the Joint Planning and Architectural Review Board and shall complete their present terms. Succeeding members shall be appointed for three-year terms. The purposes, powers, duties, membership, appointments, terms of office, jurisdiction, organization, functions and all other matters relating to the Joint Planning and Architectural Review Board shall be governed by the applicable provisions of the Village Law of New York relating to the Planning Board, the Code of the Town/Village of East Rochester relating to the Architectural Review Board and such other provisions of either or of other laws, rules and regulations as from time to time may be applicable.