A.Â
The Board of Trustees of the Village of Mount Kisco
hereby finds that excessive uniformity, dissimilarity, inappropriateness
or poor quality of design in the exterior appearance of buildings
erected in any portion of the Village adversely affects the desirability
of the immediate area and neighboring areas for residential, business
or other purposes.
B.Â
It is the purpose of this article to prevent these
and other harmful effects of poor-quality exterior appearance of buildings
that are erected or altered in any portion of the Village and thus
to promote the health, safety and general welfare of the community,
conserve the value of buildings and encourage the most appropriate
use of land within the Village of Mount Kisco.
[Amended 8-16-1993 by L.L. No. 7-1993; 7-31-1995 by L.L. No. 7-1995]
A.Â
The Board of Architectural Review shall consist of
five persons appointed by the Village Board of Trustees, each of whom
shall serve without compensation. Each member of the Board shall serve
for a term of three years, commencing on the first day of the official
year of the Village, except that any current member whose term is
to expire at other than the end of an official year of the Village
shall, upon expiration of such term, hold office until the end of
the official year, and his or her successor shall then be appointed
to a term of three official years. The Board of Trustees shall annually
designate one member of the Board of Architectural Review as Chairman
until the start of the next official year of the Village.
[Amended 12-16-1996 by L.L. No. 5-1996]
B.Â
In addition to such members, the Board of Trustees
may appoint not more than two alternate members of the Board of Architectural
Review. Each such alternate member shall attend meetings of the Board
of Architectural Review and participate in its deliberations but shall
vote only in the event that a member of the Board of Architectural
Review is absent or otherwise unable to act with respect to a particular
matter. When acting pursuant to the authority provided hereby, such
alternate member shall have all of the rights and privileges of a
member of the Board of Architectural Review. This subsection is adopted
pursuant to the authority granted by § 10, Subdivision 1(e)(3),
of the Municipal Home Rule Law and shall supersede any provision of
the Village Law which is inconsistent herewith.
C.Â
Each member and alternate member of the Board of Architectural
Review shall attend, in each year of the member's term, not less than
six hours of training approved by the Chairman relating to the activities
of such Board and not less than 75% of the meetings of such Board.
For purposes of this provision, "attendance at a meeting" shall mean
presence at the entire meeting, from the call to order until adjournment.
In the event that any member or alternate member fails to satisfy
these training and attendance requirements, the Chairman shall report
such fact to the Board of Trustees. The Board of Trustees may remove
a member or alternate member for cause, including failure to comply
with the training and attendance requirements set forth herein, after
a public hearing.
[Amended 8-3-1998 by L.L. No. 6-1998]
The Board of Architectural Review shall consider the appropriateness of the proposed building, structure, alteration or addition in relation to the established character of other structures in the immediate area and with respect to significant architectural features. The Board may disapprove any application for a permit, provided that the Board has afforded the applicant an opportunity to confer upon suggestions for change of the plans, and provided that the Board finds and states that the building or structure for which the permit was requested would, if erected, altered or remodeled as indicated, provoke one or more of the harmful effects set forth in § 110-47 by reason of:
A.Â
Monotonous similarity to any other structure or structures
located or proposed to be located on the same street or a corner thereof
and within 1,000 feet of the site of the structure for which a building
permit is requested, in respect to one or more of the following features
of exterior design and appearance:
(1)Â
Substantially identical facade, disregarding color
and building materials of single-family building and structures accessory
thereto.
(2)Â
Substantially identical size and arrangement of either
doors, windows, porticos, porches or garages or other openings or
breaks or extensions in the facade, including reverse arrangements.
(3)Â
Other substantially identical features, such as but
not limited to setbacks from street lines, heights, rooflines, widths
and lengths of elements of the building design.
B.Â
Striking dissimilarity, visual discord or inappropriateness
with respect to other structures located or proposed to be located
on the same street or a corner thereof, in respect to one or more
of the following features of exterior design and appearance:
(1)Â
Substantially dissimilar facade, disregarding color and building
materials, of one- and two-family buildings and structures accessory
thereto.
[Amended 4-7-2014 by L.L. No. 2-2014]
(2)Â
Size and arrangement of doors, windows, porticos or other openings,
breaks or extensions in the facade, including garage openings and
main entrance locations.
[Amended 4-7-2014 by L.L. No. 2-2014]
(3)Â
Other significant design features, such as but not
limited to heights, widths and lengths of elements of design, exterior
materials and treatments of structures in nonresidential districts,
roof structures, attached mechanical equipment and screening.
(4)Â
Signs which are placed on or attached to a building
or structure.
C.Â
Visual offensiveness or inappropriateness because
of poor quality of exterior design, including, with respect to signs,
considerations of the harmony or discord of colors.
D.Â
Marring the appearance of the area.
E.Â
Preventing an appropriate development and utilization
of the site or adjacent lands.
A.Â
The Board shall meet upon the call of its Chairman
as its business shall require. In no event shall meetings of said
Board be held more than 15 days after the referral to it of any matter,
as hereinafter provided for. Three members shall constitute a quorum
for the transaction of any item of business. The Board shall have
full power to make rules and regulations to govern the conduct of
its meetings and to provide for the orderly submission and reference
of matters to it, provided that the same are not inconsistent with
law or the provisions of this chapter. A copy of such rules and regulations
and any amendments shall be filed in the office of the Building Inspector
and shall constitute a public record. The Board shall keep minutes
of its public meetings, which shall also constitute a public record.
B.Â
Submission of application.
[Amended 1-9-1989 by L.L. No. 1-1989; 9-26-1994 by L.L. No. 7-1994; 8-3-1998 by L.L. No. 6-1998]
(1)Â
Upon the submission of any application for a site
plan approval as required by this chapter, any application for a building
permit to construct a new building or structure, any application for
a building permit to make alterations or additions to that part of
the facade of a single-family home which faces a street, or any application
for a building permit to make exterior alterations or additions to
a building or structure other than a single-family home or a structure
accessory to a single-family home, the Building Inspector shall refer
a full and complete copy of the application as submitted to the Board
of Architectural Review, together with all documents relating thereto
and the following additional items:
(a)Â
Exterior elevations.
(b)Â
Roof plans clearly indicating all proposed rooftop
equipment.
(c)Â
Building materials information and samples of
the same for structures not including single-family buildings and
structures accessory thereto.
(d)Â
Any pertinent architectural renderings or other
information that the applicant wishes to submit in support of the
proposal.
(2)Â
The Board of Architectural Review may, at its discretion
and in consultation with the Building Inspector, request additional
information deemed necessary for a proper review or waive any documentation
deemed superfluous to the given case.
(3)Â
The terms of this section shall not apply to subdivisions
approved prior to the adoption of this local law which have been built
by a single developer, including a successor in interest of such single
developer, utilizing a limited number of models or architectural features
which have been previously approved by the Planning Board as part
of the subdivision process.
C.Â
Promptly upon the receipt of a complete application
and required support documentation, the Chairman of the Board of Architectural
Review shall call a meeting of said Board. Notice of the date, time
and place of such meeting shall be provided to the applicant, the
Building Inspector, the Chairman of the Planning Board (or such member
of the Planning Board as the Chairman shall have designated as liaison
with the Board of Architectural Review) and the members of the Board
of Architectural Review. At the discretion of the Chairman, such application
may be placed upon the agenda of any meeting of the Board theretofore
called, provided that at least five days' notice thereof be given
to the persons above specified.
D.Â
For any action subject to environmental review under the State Environmental
Quality Review Act (SEQR) pursuant to Article 8 of the New York State
Environmental Conservation Law and 6 NYCRR Part 617, the Board of
Architectural Review shall be prohibited from rendering any final
decision or determination until the SEQR process has been completed,
whereupon the Board shall either approve, with or without modification,
or disapprove such an application within six months and shall not
be required to act sooner. In the event that the Board of Architectural
Review fails to so act within such period, the applicant may demand
that the Board of Architectural Review act, and, if the Board of Architectural
Review fails to do so within 60 days of such demand, the applicant
shall be entitled to a certificate from the Village Clerk so stating.
[Amended 11-16-1987 by L.L. No. 11-1987; 1-9-1989 by L.L. No.
1-1989; 4-7-2014 by L.L. No. 2-2014]
E.Â
In no event shall an application to the Board of Architectural Review
be deemed complete until the following have been provided to the Board:
[Amended 4-7-2014 by L.L. No. 2-2014]
(1)Â
Written certification from the Building Inspector confirming the
application's compliance with all applicable codes: and
(2)Â
Written proof that the action is either not subject to environmental
review under SEQR (Type II action) or that the lead agency has completed
its SEQRA process, together with, to the extent applicable, a copy
of the determination of significance, final environmental impact statement,
including responses to all substantive questions and comments, and
the lead agency's statement of findings and any comments, concerns
or recommendations from other involved or interested agencies or the
public pertaining to the site's architecture, appearance, massing,
aesthetics, appropriateness of the structure(s), or any other element
within the Board of Architectural Review's jurisdiction.