[Amended 5-2-1977 by L.L. No. 13-1977]
There is hereby created a Board of Architectural Review consisting of
so many members as shall be determined by the Board of Trustees and who shall
serve at the convenience of the Mayor. All members of the Board shall be residents
of the Village of Cedarhurst and shall be specifically qualified by reason
of training or experience in architecture or other relevant business or profession
or by reason of civic interest and sound judgment to judge the effects of
a proposed building or alteration or remodeling thereof upon the desirability,
property values and development of surrounding areas.
Meetings of the Board of Architectural Review shall be held at the call of the Chairperson and at such other times as the Board shall determine, but shall be held as soon as possible but not later than 20 days after the date of any application for a building permit referred to the Board as required in §
8-4 of this chapter. The Board may hold a public hearing when it deems the same to be in the public interest. A majority of said Board shall constitute a quorum for the transaction of business. The Board 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 and shall also keep copies of its examinations and other official actions. The Board shall have power from time to time to adopt, amend and repeal rules and regulations not inconsistent with law or the provisions of this chapter, governing its procedure and the transaction of its business and for the purpose of carrying into effect the standards outlined, in §
8-5 hereof.
[Amended 1-3-2005 by L.L. No. 1-2005]
The Board of Architectural Review shall advise with respect to the buildings and such other matters as the Mayor and the Board of Trustees and the Board of Appeals may refer to it or as may be granted it pursuant to other laws or ordinances. The Board of Architectural Review shall also advise the Mayor and the Board of Trustees, Superintendent of the Building Department and all the other Village agencies with reference to desirable and effective use of signs for the purpose of enhancing and maintaining the natural beauty and cultural aesthetic standards of the Village of Cedarhurst. Except in those situations set forth in §
8-4A(1),
(2) and
(3) herein, no building permit shall be issued or an application required to be submitted hereunder if the Board of Architectural Review does not approve the application. If the Board of Architectural Review shall fail to approve or disapprove any application referred to it under §
8-4 within 30 days of the date of referral of such application to it, the application shall be deemed approved.
Any applicant aggrieved by the action of the Board of Architectural
Review in disapproving a building permit application and of the Building Official
in denying such permit because of such disapproval, may request the Board
to make formal findings of fact. In the event of such a request, the Board
should make such findings of fact within 15 days after the request is filed
in the Village Clerk's office and shall thereafter provide the applicant
with an opportunity to answer the findings by submission of formal proof and
shall reconsider the application on the basis of such answer. If the application
is disapproved after such reconsideration, the applicant may appeal from such
action of the Board of Architectural Review to the Board of Zoning Appeals.
Such appeal shall be taken within 30 days after the decision of the Board
of Architectural Review has been filed in the Office of the Village Clerk-Treasurer.
[Amended 1-6-1986 by L.L. No. 2-1986; 10-6-1997
by L.L. No. 9-1997]
Any owner, lessee, tenant, general agent, architect, builder, contractor, subcontractor, workman, employee or any other person, unless stated otherwise herein, who knowingly commits, takes part or assists in any violation of this chapter or who maintains any building or premises in which any violation of this chapter shall exist shall, for each and every violation and for each and every day that such violation continues, be subject to penalties as set forth in Chapter
1, Article
III, General Penalty.
[Added 1-6-1986 by L.L. No. 2-1986]
A. In addition to the remedies hereinbefore provided, the
Mayor, the Board of Trustees or the Building Official, acting in the name
of the Village, or any person aggrieved, acting in his or her own name, shall
have the right and power to enforce the provisions of this chapter by injunction
or otherwise as provided by law.
B. The imposition of the penalties herein prescribed shall
not preclude the Village Attorney from instituting any appropriate action
or proceeding to prevent an unlawful erection, construction, reconstruction,
alteration, repair, conversion, maintenance or use or to restrain, correct
or abate a violation or to prevent an illegal act, conduct, business or use
in or about any premises.