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]
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.
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.
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:
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:
Apparently identical facade;
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
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
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:
Gross floor area.
Height of building or height of roof.
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.
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.
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.
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.