The Board of Trustees hereby finds that excessive
uniformity or similarity, dissimilarity or inappropriateness or poor
quality of design of the exterior of buildings or structures in the
Village, the improper placement of buildings or improved surfaces
or the excessive disturbance of natural features of a site in relation
to the surrounding area, adversely affect the desirability of the
immediate and neighboring areas for residential purposes; discourage
the most appropriate use of land throughout the Village; impair the
benefits of occupancy of existing property; impair the stability and
value of both improved and unimproved real property; and contribute
to the diminution of the taxable value of real property in such areas
and their ability to support municipal services provided for them;
and that these detriments, singly and in combination, adversely affect
the health, safety and welfare of the inhabitants of the Village.
It is the purpose of this article to prevent these and other potentially
harmful effects by instituting design review procedures for building
permit applications, and thus to promote the public health, safety
and welfare, to conserve the value of buildings, to encourage the
appropriate use of land and to improve the physical and visual appearance
of the Village.
In examining plans, the Board shall disapprove any permit where it finds that the proposed construction, reconstruction or alteration would be so detrimental to the surrounding properties as to cause or contribute to one or more of the harmful effects set forth in §
175-34.1 of this article by reason of:
A. Excessive similarity of design in relation to any other structure existing in the vicinity (which, whenever used in this chapter, shall mean within a radius of 1,000 feet of the subject property), or for which a permit has been issued in the vicinity, or to any structure included in the same permit application, 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, including reverse arrangement; or other significant identical features, such as but not limited to construction material, roofline and height or other design elements. However, a finding of excessive similarity shall state not only that such similarity exists but, further, that it is of such a nature as to produce one or more of the harmful effects set forth in §
175-34.1. of this article, and that the finding is not based on a personal preference as to taste or choice of architectural style.
B. Excessive dissimilarity of design or inappropriateness of design or of site plan in relation to any other structure existing in the vicinity, or for which a permit in the vicinity has been issued, or to any other structure included in the same permit application, or in relation to the characteristics of building design generally prevailing in the Village in respect of features of exterior design or appearance, including but not limited to materials or quality of construction or architectural design. However, 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 produce one or more of the harmful effects set forth in §
175-34.1 of this article and that the finding is not based on personal preference as to taste or architectural style.
C. The poor quality of building or overall site design in respect to one or more of the following features: the relationship to and character of the adjacent neighborhood; the bulk, mass, dimensions, materials and location of structures on the site; the location of improved surfaces, including patios and driveways; excessive interference with light or view of properties in the vicinity; or excessive site disturbance in relation to the environmental, ecological, natural or other features of the subject site and properties in the vicinity, including but not limited to detrimental alteration of topography or drainage patterns and interference with the natural terrain or vegetation of surrounding properties. However, any finding of poor quality of construction or overall site design shall include not only that such condition exists but, further, that it is of such a nature as to produce one or more of the harmful effects set forth in §
175-34.1 of this article and, further, that the finding is not based on personal preference as to the matters set forth in this subsection.
The Building Inspector shall not issue any permit with respect to an application referred to the Board pursuant to this article unless the application has been approved by the Board. In the event the Board approves the application with conditions, the Building Inspector shall not issue any permit until all such conditions have been met or complied with to the satisfaction of the Board. The Building Inspector shall issue the permit applied for only if the application has been approved by the Board; any applicable conditions have been satisfied; and the application conforms to the provisions of all other applicable laws and ordinances. Any proposed amendments submitted pursuant to §
175-38 of this chapter relating to plans and applications previously reviewed and approved hereunder shall be subject to the procedures set forth herein for the approval of original plans if the proposed amendment affects any of the matters in the original application that were the subject of review and approval or conditional approval by the Board.
Any person aggrieved by any action of the Design
Review Board may appeal to the Zoning Board of Appeals of the Village
in the same manner as is provided for zoning appeals. The Zoning Board
of Appeals shall proceed in the same manner as is provided for zoning
appeals and with the same power and authority vested in said Zoning
Board of Appeals when passing upon appeals before it under the provisions
of the Village Law; provided, however, that such appeal shall be conducted
solely upon the record made before the Design Review Board which the
Zoning Board of Appeals shall not enlarge or vary. The Zoning Board
of Appeals may reverse, modify, affirm or remand for further consideration
the action of the Design Review Board.
This article shall be effective upon filing
with the Secretary of State and the appointment of the Design Review
Board members and shall then be applicable to all applications for
building permits which are pending on the effective date thereof or
which are filed after such date.