[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]
There is hereby created a Board of Architectural Review which shall consist of five members, who shall serve without compensation.
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.
The members of the Board shall be appointed and the Chairman thereof shall be designated by the Board of Trustees.
The Board of Trustees may appoint an alternate member to the Board.
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.
When so designated, the alternate member shall possess all the powers and responsibilities as the regularly appointed members of the Board.
Such designation shall be entered into the minutes of the initial Board meeting at which the substitution is made.
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).
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]
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:
Apparently identical facade; or
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 such as, but not limited to, material, roofline and height or other design elements.
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:
The Building Inspector shall refuse any permit application disapproved as provided in this section.
[Amended 11-13-2007 by L.L. No. 18-2007]
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.
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, and in the exercise thereof, may reverse or affirm the action of the Board of Architectural Review and of the Building Inspector.
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]
A sign meeting the requirements of § 250-40A(2) shall be posted by the applicant at least seven days prior to the initial and any continued public meeting of the Board of Architectural Review at which the following types of applications are to be heard:
Application for a lot within the Scenic Roads Overlay District, which is not otherwise subject to site plan review; or
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.
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.