[1]
Editor's Note: The existing Zoning Board of Appeals and Joint Planning and Architectural Review Board were repealed 1-9-2020 by L.L. No. 1-2020 and were replaced by a new Zoning Board of Appeals with all of the powers and duties of a planning board, architectural review board and zoning board of appeals as set forth in the New York State Village Law, Chapter 164, Subdivision of Land; Site Plans, of the Town/Village Code, and this Chapter 193.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
A.
The Town/Village Board of Trustees hereby establishes a Zoning Board of Appeals consisting of seven members, and grants to the Zoning Board of Appeals the powers and duties of a planning board, architectural review board and zoning board of appeals as set forth in the New York State Village Law, this Chapter 193, and Chapter 164, Subdivision of Land; Site Plans, of the Town/Village Code.
B.
The Mayor
shall appoint the members of the Zoning Board of Appeals, subject
to approval by the Town/Village Board of Trustees. The members shall
be appointed to staggered five-year terms, with no more than three
terms expiring each year.
[Added 11-8-2004 by L.L. No. 5-2004]
A.
In addition to regular members appointed and serving pursuant to § 193-45A of this chapter, the Town/Village Board of Trustees of the Town/Village of East Rochester shall appoint two alternate members to the Zoning Board of Appeals to serve as provided herein. The Chairman of the Zoning Board of Appeals shall designate the alternate members as acting members as necessary when absence of regular members of the Board or a conflict of interest of regular members of the Board would otherwise prevent the Board from considering any pending matter. Once designated to serve on a particular matter before the Board, the alternate member shall have the same powers and duties as regular members of the Board until that matter is concluded. Any determination by the Board consisting of alternate members shall have the same weight and be entitled to the same authority as the act or deed of the regular Zoning Board of Appeals, and all laws, statutes and regulations shall apply and be applied with equal force and effect.
B.
Both alternate members shall serve two terms expiring
at the end of the calendar year, except in the first year of the application
of this section, to stagger the terms, one alternate member shall
be appointed for one year and one for two years. Their successors
shall be appointed for a term of two years 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
for the unexpired term, subject to the approval of the Town/Village
Board of Trustees. The Town/Village Board of Trustees shall have the
power to remove any alternate member of the Zoning Board of Appeals
for cause, after a public hearing if one is requested.
C.
Although alternate members of the Zoning Board of
Appeals may attend all meetings of the Zoning Board of Appeals, they
shall have no power to participate in any actions of the Zoning Board
of Appeals except as provided herein.
D.
All provisions of state law relating to Zoning Board
member eligibility, vacancy, removal, compatibility of office and
service on other boards, as well as any provisions of any local law/ordinance
relating to training and continuing education, shall apply to alternate
Zoning Board members.
A.
The Zoning Board of Appeals, when acting as the Planning
Board, shall have the following powers and duties:
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(1)
To prepare and from time to time recommend changes
to the Comprehensive Plan for the development of the Town/Village.
(2)
To review proposals to approve or disapprove the laying
out, closing off, abandonment or changes in lines of streets, highways
and public areas and to make recommendations to the Town/Village Board
of Trustees.
(3)
To make investigations and reports relating to the
planning and development of the Town/Village as it deems desirable.
This shall include, but not be limited to, changes in boundaries of
districts, recommended changes in the provisions of this chapter,
other land use and development matters of importance to the Zoning
Board of Appeals and any matter lawfully referred to it by the Town/Village
Board of Trustees.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(4)
To review, act on or provide advisory reports as specified
by this chapter.
(5)
To conduct site plan review as authorized by New York State Village Law and prescribed in Article VII of this chapter.
(7)
To review and approve, approve with modifications
or disapprove plats showing lots, blocks or sites for subdivisions
under § 7-728 of Article 7 of the Village Law.
(8)
All such powers and duties as are conferred upon town/village
planning boards subject to the limitations set forth in § 7-718
of Article 7 of the New York State Village Law, as the same may be
amended, modified or changed from time to time, or any sections subsequently
adopted pertaining to planning boards now or hereafter in effect.
B.
The Town/Village Board of Trustees can, by resolution,
authorize the Zoning Board of Appeals to modify applicable provisions
of this chapter simultaneously with plat approval in accordance with
New York State Village Law.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
A.
Statement of findings. 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
appearances 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.
B.
Approval of building permits; standards.
(1)
The Building Inspector/Code Enforcement Officer shall
promptly refer to the Architectural Review Board every application
for a building permit, with the exception of the following: chimneys,
swimming pools and additions of less than 100 square feet in area
that are located to the rear of a building and are not visible from
the street. 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.
(2)
Such Architectural Review Board may approve, approve conditionally, subject to specified modification, or disapprove any building permit referred to it. Such disapproval shall be supported by findings 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 Subsection A 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 materials, 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 Subsection A hereof.
(b)
Excessive dissimilarity in relation to any other
structures existing or for which a permit has been issued, or to any
other structures 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 materials 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 Subsection A 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 of 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 Subsection A hereof and that the finding is not based on personal preference as to taste or choice of architectural style.
C.
Issuance or denial of building permit. The Building Inspector/Code Enforcement Officer shall refuse any building permit application disapproved as provided in Subsection B above. If the Architectural Review Board shall fail to disapprove any such application referred to it within 45 days of the date of filing such application or if such Architectural Review Board shall approve any such application, the Building Inspector/Code Enforcement Officer shall forthwith issue the building permit, provided that it conforms in all respects to all other applicable laws and ordinances.
D.
Appeals. Any person aggrieved by the action of the
Architectural Review 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 a decision is illegal, in whole or in part.
Such proceeding must be commenced within 30 days after filing of a
decision in the office of the Clerk of the Board.
E.
Alteration of exterior facades.
(1)
No exterior facade of any building or structure situated
in a commercial or industrially zoned district may be altered or modified.
(2)
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/Code Enforcement
Officer, who shall promptly refer the application to the Architectural
Review Board. The Architectural Review 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 section.
(3)
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.
