[HISTORY: Adopted by the Board of Trustees
of the Village of Rye Brook 5-26-1987 by L.L. No. 4-1987. Amendments noted where
applicable.]
The Board of Trustees of the Village of Rye
Brook finds that certain undesirable effects may arise from an extreme
design of buildings, structures or signs. Excessive uniformity of
nearby structures and excessive incongruity of a building, structure
or sign in proximity with more typical buildings, structures or signs
may adversely affect the desirability of a neighborhood by reason
of comfort, general welfare of the inhabitants and stability of assessed
valuation; and, further, it may so depreciate the immediate vicinity
that a disproportion exists between the taxes and the costs of municipal
services.
The purpose of this chapter is to supersede
L.L. No. 1-1983 and to promote and protect the health, safety, comfort
and general welfare of the community by preventing excessive uniformity,
poor quality of design in the exterior appearance of buildings and
excessive incongruity of design of buildings, structures or signs
in proximity with more typical buildings, structures or signs; to
encourage the most appropriate use of the land; and to promote the
public prosperity and conserve the value of buildings, structures
or signs and property.
[Amended 7-11-2017 by L.L. No. 9-2017]
A.
There
is hereby created a Board of Architectural Review which shall consist
of five members, who shall serve without compensation.
B.
All
members of the Board, including alternates, shall be residents of
the Village of Rye Brook and shall be specially qualified by reason
of training or experience in architecture, land development, community
planning, real estate, landscape architecture or other relevant business
or profession or by reason of civic interest and sound judgment to
judge the effects of a proposed building, structure or sign upon the
desirability, property values and development of surrounding areas.
C.
The
members of the Board shall be appointed and the Chairman thereof shall
be designated by the Board of Trustees.
D.
The
Board of Trustees may appoint an alternate member to the Board.
(1)
Such alternate member shall attend Board meetings when called upon
by the Chair but shall only participate in its deliberations and vote
when designated to do so by the Chairman of the Board in the event
that a member of the Board is absent or otherwise unable to act with
respect to a particular matter.
(2)
When so designated, the alternate member shall possess all the powers
and responsibilities as the regularly appointed members of the Board.
(3)
Such designation shall be entered into the minutes of the initial
Board meeting at which the substitution is made.
(4)
The term of office of the alternate member shall be three years.
[Amended 3-23-2004 by L.L. No. 4-2004]
The term of office of each member shall be three
years; except that, the initial appointments of two members shall
be for one year; two members for two years; and one member for three
years. If a member must miss a regularly scheduled meeting, she or
he shall advise the Chair in advance and shall, at the discretion
of the Chair, be recorded as "excused" for the meeting missed. In
the event that a member is absent for three regularly scheduled meetings
in any one calendar year, or without excuse for two consecutive meetings,
the Chair shall notify the Mayor and the member shall be, unless good
cause shown, deemed to have resigned by the Board of Trustees, and
a replacement appointed for the balance of the term outstanding. The
Board of Trustees shall have the power to remove any member for cause
after a public hearing.
Vacancies shall be filled by the Board of Trustees
for the unexpired term of any member whose place has become vacant.
The Board of Architectural Review shall appoint its Acting Chairman
and Secretary.
[Amended 11-13-2007 by L.L. No. 18-2007]
Meetings of the Board of Architectural Review
shall be held at the call of the Chairman and at such other times
as the Board may determine. The Chairman or, in his or her absence,
the Acting Chairman, may administer oaths and compel the attendance
of witnesses. 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 records
of its examinations and other official actions.
The Board shall have the 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 § 8-9 hereof. Such rules and regulations and amendments thereto shall be approved by the Board of Trustees, and a copy thereof shall be filed in the Clerk's office.
[Amended 8-9-2005 by L.L. No. 15-2005; 9-10-2013 by L.L. No.
5-2013]
Every application for a permit for the construction, reconstruction or alteration of, or addition to, the exterior of any building, accessory building, structure or sign within the Village of Rye Brook shall be referred by the Building Inspector to the Board of Architectural Review within 30 days of the date of the application, provided that it conforms in all respects to all other applicable laws and ordinances, except as provided in § 250-4.1B(6).
A.
The Board of Architectural Review may disapprove any application for a permit referred to it, provided that such disapproval shall be by the majority vote of Board members, and provided that the Board finds that the building, structure or sign for which the permit was applied or, in the case of a building, structure or sign located in the Scenic Roads Overlay District which is not subject to site plan review, the associated screening of such building, structure or sign would, if erected, 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 § 8-1 by reason of:
[Amended 9-10-2013 by L.L. No. 6-2013]
(1)
Excessive similarity to any other building, structure or sign existing or for which a permit has been issued, or to any other building, structure or sign 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, provided that a finding of excessive similarity shall state not only that such similarity exists, but further that it is of such a nature as to be reasonably expected to provoke one or more of the harmful effects set forth in § 8-1:
(a)
Apparently identical facade; or
(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 such as, but
not limited to, material, roofline and height or other design elements.
(2)
Excessive dissimilarity or inappropriateness in relation to any other building, structure or sign existing or for which a permit has been issued, or to any other building, structure or sign 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, provided that a finding of excessive dissimilarity or inappropriateness shall state not only that such dissimilarity or inappropriateness exists, but further that it is of such a nature as to be reasonably expected to provoke one or more of the harmful effects set forth in § 8-1 and that the finding is not based on personal preference as to taste or choice of architectural style:
B.
The Building Inspector shall refuse any permit application
disapproved as provided in this section.
[Amended 11-13-2007 by L.L. No. 18-2007]
A.
Any person aggrieved by the action of the Board of
Architectural Review in disapproving a permit application and of the
Building Inspector in denying such permit because of such disapproval
may take an appeal therefrom.
B.
The appeal from a disapproval of a permit application
with respect to a one- or two-family house or an accessory building
or structure relating to a one- or two-family house or with respect
to a sign shall be to the duly constituted Zoning Board of Appeals
of the Village of Rye Brook in the same manner as is provided for
zoning appeals. Such Zoning Board of Appeals, after proceeding in
the same manner as is provided for zoning appeals, and with the same
power and authority therein vested in passing upon appeals before
it under the provisions of law and the Zoning Ordinance of the Village
of Rye Brook,[1] and in the exercise thereof, may reverse or affirm the
action of the Board of Architectural Review and of the Building Inspector.
C.
The appeal from a disapproval of a permit application
with respect to buildings or structures other than one- or two-family
houses and signs shall be to the Board of Trustees, which shall consider
the application de novo.
The Board of Architectural Review may consult
with and advise the Planning Board with respect to proposed constructions
and developments which are being considered by the Planning Board.
The Board of Architectural Review shall have
the power and authority to employ experts, clerks and a secretary
and to pay for their services and other expenses as may be necessary
and proper, not exceeding the appropriations provided in the budget.
[Added 9-10-2013 by L.L. No. 6-2013; amended 1-28-2014 by L.L. No.
1-2014; 10-27-2020 by L.L. No. 9-2020]
A.
A sign meeting the requirements of § 250-40A(2) shall be posted by the applicant at least seven days prior to the initial public meeting of the Board of Architectural Review and any continued public meeting thereafter at which the following types of applications are to be heard:
(1)
Application involving any project within the Scenic Roads Overlay
District, which is not otherwise subject to site plan review.
(2)
Application for an addition, exterior alteration or major expansion
performed to an existing one-family or two-family dwelling which results
in an increase of 50% or more of the gross floor area of the existing
dwelling, which is not otherwise subject to site plan review.
(3)
Application involving a teardown of an existing one- or two-family
dwelling, which is not otherwise subject to site plan review.
(4)
Application involving new construction of a one- or two-family dwelling,
which is not otherwise subject to site plan review.
B.
Prior to such public meeting, the applicant shall submit an affidavit
certifying to the fact and date of said sign posting. In the event
the sign is not posted as required herein, the Board of Architectural
Review has the sole discretion to waive or modify the sign posting
requirements. The applicant shall remove the notification sign within
five days of the Board of Architectural Review's final decision
concerning the application.
C.
Applicants shall give written notice to owners of neighboring properties in accordance with the requirements of § 250-40B if the application involves a teardown of an existing structure or new construction of a one- or two-family dwelling which does not otherwise require site plan review. Prior to such public meeting, the applicant shall submit an affidavit certifying to the fact and date of said mailing. Such affidavit shall attach the area map, public notification list, and one sample of the material included in the mailing.
