[HISTORY: Adopted by the Governing Body of
the Town/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 Town/Village Board of Trustees 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.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
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 vote of at least five members of such Board, 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;
at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
The Building Inspector shall refuse any building permit application disapproved as provided in § 4-4 hereof. If the Board 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.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Any person or persons jointly or severally aggrieved by any
decision of the Board in disapproving
a building permit application and of the Building Inspector in denying
such permit because of such disapproval may bring a proceeding to
review in the manner provided by Article 78 of the Civil Practice
Law and Rules in a court of record on the ground that such decision
is illegal, in whole or in part. Such proceeding must be commenced
within 30 days after filing of the decision in the office of the Clerk
of the Board.
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.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
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. 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.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
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.
[1]
Editor's Note: Former § 4-7, Consultation with Planning
Board, was repealed 3-8-1999 by L.L. No. 1-1999.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. I)]
As used in this chapter, the following terms shall have the
meanings indicated:
The Zoning Board of Appeals appointed by the Mayor, subject
to the approval of the Board of Trustees, acting as the architectural
review board for purposes of this chapter.
