An Architectural Board of Review is hereby created.
Said Board shall consist of five members appointed by the Board of
Trustees to serve for overlapping five-year terms. When possible in
terms of residence requirements, such Board shall have one member
who is a registered architect, one who is a member of the Owego Historical
Society, one who is a member of the Zoning Board of Appeals, one who
is a member of the Village Planning Board and one who is a member
of the Real Estate Board or an official of any Village bank.
[Amended 2-6-1978 by L.L. No. 1-1978]
A.
Appropriateness. It shall be the function of the Architectural
Board of Review to pass upon the appropriateness of exterior architectural
features of buildings and structures erected, reconstructed, altered,
restored or used in an RA District or the CBA Districts wherever such
exterior features are subject to public view from a public street
or way. "Appropriateness," as used in this section, means that a building
exterior shall reflect the style of the period in which the structure
was originally constructed. It is not the intent that the Architectural
Board of Review shall limit new construction, alteration or repair
within the RA District or CBA District to any one period of architectural
style, but to emphasize compatibility of design and preserve an aesthetic
whole.
[Amended 2-6-1978 by L.L. No. 1-1978]
B.
Removal and demolition. A building or structure located
in the RA District or the CBA District which is subject to public
view from a public street or way shall not be removed, altered, demolished
or razed without first obtaining a permit approved by the Architectural
Board of Review.
[Amended 2-6-1978 by L.L. No. 1-1978]
C.
Review of plans. All plans, elevations and other information
necessary to determine the appropriateness of the features to be passed
upon, together with a copy of the application for a building permit,
shall be made available to the Board or Superintendent of Public Works.
A.
Factors considered. The Architectural Board of Review, in passing upon cases pursuant to § 195-27, shall consider, among other things, the general design, arrangement, texture, material and color of the building or structure in question and the relation of such factors to similar features of buildings in the immediate surroundings. In any case concerned with a request for a permit to remove, demolish or raze a building, the Architectural Board of Review shall take into account the economic feasibility of alternatives to such removal, demolition or razing.
[Amended 2-6-1978 by L.L. No. 1-1978]
B.
Factors not considered. The Board shall not consider
detailed design, the relative size of buildings in the plan, interior
arrangement or building features not subject to public view, nor shall
it make requirements except for the purpose of preventing developments
obviously incongruous with the historic and cultural aspects of the
surroundings. Nothing contained in this article shall be construed
to prevent the ordinary maintenance or repair of any exterior architectural
feature in either the RA District or the CBA District or a designated
structure of historic and architectural importance, which does not
involve a change in design, material, color or the outward appearance
thereof.
[Amended 2-6-1978 by L.L. No. 1-1978]
C.
Disapproval. In case of disapproval, the Board of
Review shall state the reasons therefor in a written statement to
the applicant and may advise the applicant and make recommendations
thereto in regard to appropriateness of design, arrangement, texture,
material, color and the like of the property involved.
D.
Approval. Upon approval of the plans, the Board of
Review shall forthwith transmit a report to the Superintendent of
Public Works stating the basis upon which such approval was made and
cause a certificate of appropriateness to be issued to the applicant.
If the Board of Review shall fail to take final action upon any case
within 45 days after the date of application for permit, the case
shall be deemed to be disapproved, except where mutual agreement has
been made for an extension of the time limit.
When a certificate of appropriateness has been
issued, it shall be the duty of the Superintendent of Public Works
to inspect the work as approved by said certificate and make weekly
reports of such inspection to the Architectural Board of Review. The
Superintendent of Public Works shall stop all work if he finds any
violation, and work shall not commence until the Board of Review has
given permission to do so.
A.
The Architectural Board of Review shall act in strict
accordance with the procedures specified by law and this chapter.
B.
The Board of Review shall meet within 10 days after
the Superintendent of Public Works has notified the Chairman of the
Board of Review, in writing, that an application has been filed. The
Chairman shall then convene his Board of Review to pass upon the application.
C.
Each decision shall be by resolution, each of which
shall contain a full record of findings of the Board of Review in
the particular case. Each resolution shall be filed in the office
of the Village Clerk-Treasurer. The Board of Review shall also notify
the Board of Trustees, Zoning Board of Appeals and the Village Planning
Board of its decision.
D.
The decision of the Architectural Board of Review
may be overturned upon appeal by an affirmative vote of five members
of the Village Board of Trustees after sending five days' written
notice of the time and place of the meeting or the appeal will be
held to the applicant and to the owners of property within 100 feet
of the affected property.
[Added 2-6-1978 by L.L. No. 1-1978]
