Right to modify. The Board of Trustees may from
time to time, on its own motion, and in accordance with the provisions
of the Village Law of the State of New York, amend, supplement, change,
modify or repeal the regulations, restrictions and boundaries herein
established.
[Amended 8-9-1978 by L.L. No. 1-1978]
A.
Findings of fact. The Board of Trustees hereby find
that excessive uniformity, dissimilarity, 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 occupancy of existing
property 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 section to prevent these and other harmful
effects of such exterior appearances of buildings erected in any neighborhood
and thus to promote and protect the health, safety, comfort and general
welfare of the community, to promote the public convenience and prosperity,
conserve the value of buildings and encourage the most appropriate
use of land within the Incorporated Village of Munsey Park.
B.
Architectural review. The Building Inspector shall refer to the Board of Trustees any plans for the erection or alteration of any building for which a permit is sought and which in his opinion requires such reference in conformity with the purposes set forth in Subsection A of this section. The Board of Trustees may refer the plans to a Building Advisory Committee appointed by and serving at the pleasure of the Mayor with the approval of the Board of Trustees, for consideration and review, for consultation with the applicant and his representatives, for suggestions to the applicant as to changes, improvements and modifications in the design and for recommendation to the Board of Trustees regarding the application.
C.
Building Advisory Committee. The Building Advisory Committee in its consideration and review of the plans and its recommendation to the Board of Trustees shall be guided by considerations as to whether the building for which application for a permit has been made would, if erected or altered, be so detrimental to the desirability, property values or development of the surrounding area as to provoke one or more of the harmful effects set forth in Subsection A of this section by reason of:
(1)
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 street and within
250 feet of the proposed site, in respect to one or more of the following
features of exterior design and appearance:
(a)
Apparently identical facade;
(b)
Substantially identical size and arrangement
of either doors, windows, porticoes or other openings or breaks in
the facade facing the street, including reverse arrangement; or
(c)
Other significant identical features of design, provided that a finding of excessive similarity shall state not only that such excessive similarity exists, but further that it is of such a nature as to be expected to provoke beyond a reasonable doubt one or more of the harmful effects set forth in Subsection A above; or
(2)
Excessive dissimilarity or inappropriateness 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 street and within 250 feet of the proposed site
in respect to one or more of the following features:
(a)
Cubical contents.
(b)
Gross floor area.
(c)
Height of building or height of roof.
(d)
Other significant design feature such as material or quality of architectural design, provided that a finding of excessive dissimilarity or inappropriateness shall state not only that such excessive dissimilarity or inappropriateness exists but further that it is of such a nature as to be expected to provoke beyond reasonable doubt one or more of the harmful effects set forth in Subsection A hereof, and that the finding is not based on personal preference.
D.
Consultation with applicant. After consultation with the Building Inspector, the Building Advisory Committee shall review the plans submitted, determine what features of similarity or dissimilarity with respect to other buildings as specified in Subsection C of this section appear to exist in such plans, and whether they are of such character as to warrant the reasonable belief that the Board of Trustees, in compliance with Subsection C of this section, may disapprove the issuance of a building permit. If the Committee shall so conclude, it shall invite the applicant and his representatives to meet with the Committee to confer as to possible changes, improvements and modifications in the plans as will, in the opinion of the Committee, tend to increase the prospect of their approval by the Board of Trustees. Thereafter the Committee shall report its conclusions and the nature and results of any conference with the applicant to the Board of Trustees together with the original plans, any revisions thereof completed or assented to in writing by the applicant, and the recommendations of the Committee.
E.
Action by the Board of Trustees. The Board of Trustees
shall, after the report and recommendation of the Building Advisory
Committee, or without such report and recommendation if the plans
were not referred to the Committee, approve or modify and approve,
or disapprove such plans and application. The Building Inspector shall
refuse a permit upon an application disapproved by the Board of Trustees.
He shall issue a permit upon any application conditionally approved
by the Board when the conditions specified in such conditional approval
have been met. He shall issue a permit upon any application approved
by the Board.
F.
Appeals to Zoning Board of Appeals. Any person aggrieved
by the action of the Board of Trustees 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 duly
constituted Board of Appeals, and such Board of Appeals with the same
power and authority therein vested in passing upon appeals before
it under the provision of law and this chapter, and in the exercise
thereof may reverse or affirm or modify and affirm the action of the
Board of Trustees and of the Building Inspector.
