[Added 9-15-1952; amended 10-21-1987 by L.L. No. 10-1987]
It is the purpose of this article to preserve and promote the character appearances and aesthetics of the Village and to conserve the property values of the Village by providing procedures for an architectural review of the exterior of new construction and of certain alterations, additions and reconstruction where such alteration, addition or reconstruction effects a significant change in the exterior appearance of the building and, by doing so to:
Encourage good qualities of exterior building design and good appearances and to relate such design and appearances to the sites and surroundings of buildings.
Preserve the prevailing aesthetic character of the neighborhood and countryside and to enhance the same by means of complimentary buildings.
Permit originality and resourcefulness in building design and appearances which are appropriate to the sites and surroundings.
Promote and encourage good qualities of architectural design and utilization of land in the erection and reconstruction of new buildings and the exterior refurbishing, reconstruction or alteration of existing buildings.
Assure that the design and location of any proposed building or the addition, alteration or reconstruction of any existing building is in harmony with the existing topography of its site and/or the existing building as well as the neighboring countryside and existing property.
Discourage and prevent such design that would adversely affect or cause the diminution in value of neighboring property, whether improved or unimproved.
Prevent such design and appearances as are unnecessarily offensive to visual sensibilities and which impair the use, enjoyment, value or desirability of neighboring properties and the health, safety and general welfare of the community at large.
The Board of Trustees hereby finds that:
Buildings which are visually offensive or inappropriate by reason of poor exterior design, monotonous similarity or striking visual discord or dissimilarity in relation to their site or surroundings would mar the appearances of their areas and would adversely affect the desirability of the immediate area and neighboring areas; and
Such buildings would discourage and prevent the most appropriate development and utilization of land throughout the Village; and
Such buildings would impair the use, enjoyment and desirability and stability of both improved and unimproved property and are detrimental to the character of neighborhoods, produce degeneration of the value of real property with attendant deterioration of conditions affecting the functioning, economic stability, prosperity, health, safety and morals of the inhabitants of the Village and destroy a proper relationship between the taxable value of real property and the cost of municipal services provided therefor.
It is the purpose of this article to prevent these and other harmful effects and thus to promote the health, safety, morals and general welfare of the community.
There is hereby created a Committee of Architectural Review, sometimes hereinafter referred to as the "Committee," consisting of five members to be appointed for terms of one year by the Board of Trustees, by resolution. At least one such member shall be either a member of the Board of Trustees or the Planning Board.
The Chairman of the Committee shall be appointed by the Board of Trustees.
The Board of Trustees shall have the power, by a majority vote of its members, to remove any member of the Committee with or without cause prior to the expiration of his term. Vacancies shall be filled for the unexpired term of any member whose place has become vacant.
Meetings of the Committee of Architectural Review shall be held monthly at the call of the Chairman of the Committee and at such other times as the Chairman shall determine. The meetings of the Committee shall be open to the public. A majority of the members of the Committee shall constitute a quorum for the transaction of business. The approved plan shall bear the signed seal of the architect or engineer who submitted it and shall bear the legend "Approved by Architectural Review Committee, Village of Kings Point," with the date of approval and the signature of at least one committee member. The Committee shall keep minutes of its proceedings, showing the vote of each member on each question or, if absent or failing to vote, indicating such fact, and shall also keep records of its examinations and other official actions.
[Amended 8-17-1988 by L.L. No. 2-1988]
The Committee shall have power from time to time to adopt, amend and repeal rules and regulations, not inconsistent with law or the provisions of this article, governing its procedure and the transaction of its business and for the purpose of carrying into effect the standards enumerated in § 161-60 hereof. Such action shall be taken after public hearing. Every rule or regulation, every amendment or repeal thereof and every order, requirement, decision or determination of the Committee shall be filed in the office of the Village Clerk and shall be a public record.
Prior to the issuance of a building permit for the work described in either Subsection A(1) or (2) below, the applicant shall file with the Committee an application for architectural approval of the plans for the proposed work.
[Amended 4-8-1997 by L.L. No. 3-1997]
Construction of a new building.
The alteration, addition to or reconstruction of an existing building which would effect a significant change in the exterior appearance of a building. A change is deemed significant if the change in the facade involves an area equal to or in excess of 20% of the surface area of the wall or walls forming part of that facade a it exists prior to the commencement of any work or if the change in any one or more exterior walls in the building involves a surface area equal to or in excess of 10% of the surface area of all exterior walls of the building prior to the commencement of any work.
The term "building," as used in this article, shall include enclosed structures.
The application and plans submitted shall at least include architectural renderings accurately depicting the building, topography and landscaping of the site, the identity of all materials and colors which will be incorporated in exterior surfaces of the building, site line studies of the site and such additional information as the Committee shall deem appropriate.
[Amended 4-8-1997 by L.L. No. 3-1997]
In addition to any other requirements established by the Committee for final approval of such plans, the following items shall be submitted to the Committee at least seven days prior to its next regularly scheduled meeting:
Final revised plans, signed by the owner and containing the signed seal of an architect or engineer, licensed by the State of New York; printed upon or appended to this set of plans will be the agreed upon specifications in regard to building materials and other materials pertinent to the exterior design of the structure.
Said plans must show all elevations of new structure or buildings and, in the case of reconstruction, alterations or additions, must show all affected elevations.
An overall plan for proposed landscaping in regard to the site location of the subject structure or building will be required if the landscaping causes the alteration of the existing topography of the land or other environmental features which would have an adverse impact on neighboring structures or the overall preexisting appearance of the neighborhood.
The Committee may, in case it deems appropriate, waive one or more of the requirements of Subsection D(1), (2) or (3) of this section, taking into consideration the nature and extent of the construction proposed, its location and the undue hardship the applicant may suffer by strict compliance of these requirements.
[Added 8-17-1988 by L.L. No. 2-1988]
No building permit shall be issued for the construction, alteration, addition or reconstruction of a building or structure which is subject to the provisions of this section unless the plans therefor shall have been approved by a vote of at least a majority of the members of the Committee and said approval is still in full force and effect.
[Amended 4-14-1994 by L.L. No. 6-1994]
Final approved maps or plans, materials and specifications may not be altered in any way without the express prior approval of the Committee. Any requested changes of the approved plans or maps must be submitted for review at least seven days prior to the next regularly scheduled meeting of the Committee, and no construction work involving such changes shall be commenced or continued until approval of the Committee is granted. The Building Inspector shall, in cases of violation of this procedure, order all work to be halted and, if necessary, revoke the building permit until such time that amended plans or maps are approved by the Committee. This section may also be enforced by the Board of Trustees by means of injunction. If the Village proceeds by injunction and is successful, reasonable attorneys' fees, engineering fees and other expert witness fees shall be paid by defendant.
Notwithstanding anything to the contrary herein, any application for a building permit for work described in Subsection A(1) or (2) above which involves a landmark, landmark site or historic district shall be referred to the Landmarks Preservation Commission, which shall act as, and in lieu of, and adopt the same procedure as the Committee of Architectural Review, with regard to such application, including the right of an aggrieved applicant to appeal to the Board of Zoning and Appeals of the Village of Kings Point within 30 days after the filing in the office of the Village Clerk of the decision of the Commission after reconsideration.
[Added 2-14-1994 by L.L. No. 4-1994]
In considering an application, the Committee shall take into account natural features of the site and surroundings, exterior design and appearances of existing buildings and the character of the neighborhood and its peculiar suitability for particular purposes, with a view to conserving the value of property and encouraging the most appropriate use of land.
The Committee may approve any application to it upon finding that the building or the portion thereof for which the permit was requested, if constructed, reconstructed or altered in accordance with the submitted plan, would be in harmony with the purpose of this article, would not be visually offensive or inappropriate by reason of poor quality of exterior design, monotonous similarity or striking visual discord in relation to the sites or surroundings, would not mar the appearance of the area, would not impair the use, enjoyment and desirability and reduce the value of properties in the area, would not be detrimental to the character of the neighborhood, would not prevent the most appropriate utilization of the site or of adjacent land and would not adversely affect the functioning, economic stability, prosperity, health, safety and general welfare of the entire community.
In approving any application, the Committee may impose appropriate conditions and safeguards designed to prevent the harmful effects set forth in § 161-56 hereof as to the exterior design, bulk, materials, and colors, the heights and setbacks, the elevations, and the landscaping, as to the principal building, all accessory buildings, and the distances between them, terraces, walls, and other structures, and other impervious coverages.
[Amended 6-20-2017 by L.L. No. 3-2017]
The Committee may disapprove any application for a permit, provided that the Committee has afforded the applicant an opportunity to confer upon suggestions for changes, and provided that the Committee finds and states that the principal building, accessory buildings, walls, other structures, hardscape, or other impervious coverages, for which the permit was requested, would, if constructed, reconstructed or altered as indicated, provoke one or more of the harmful effects set forth in § 161-56 hereof by reason of:
[Amended 9-20-2007 by L.L. No. 5-2007; 6-20-2017 by L.L. No. 3-2017]
Monotonous similarity to any other building located or proposed to be located within 2,000 feet, or to many other buildings within the Village.
A negative striking dissimilarity, visual discord, or inappropriateness with respect to other buildings located or proposed to be located within 2,000 feet.
Visual offensiveness or other poor qualities of exterior design, including but not limited to:
Excessive divergences of the bulk, height, or levels of any part of the building from the grade of terrain;
The proximity of the buildings to each other (the main building and the accessory buildings), to the extent that it exaggerates the bulk of the buildings;
A lack of harmony or a discord of color;
An incompatibility of the proposed building, refurbishing, reconstruction, alteration, or addition with the terrain on which it is to be located;
A lack of appropriate landscaping to mitigate any adverse impacts from the building, accessory buildings, walls, other structures, hardscape, or other impervious coverage;
The failure of the exterior design to complement and enhance the natural beauty of its site in regard to landscape, topography, surrounding buildings, and the scenic character of roadways when visible from said surrounding buildings and roadways; or
From light caused by exterior lighting or interior lighting emanating through windows, skylights, and/or glass walls and roofs.
[Amended 9-20-2007 by L.L. No. 5-2007]
Any applicant or other person aggrieved by the action of the Committee of Architectural Review approving, approving with modifications or disapproving an application and of the grant or denial of a building permit because of such approval, approval with modifications or disapproval may request, within 30 days of the filing of the minutes of the Committee of Architectural Review, that the Committee make formal findings of fact. In the event of such a request, the Committee shall make such findings of fact within 30 days after the request is filed in the Village Clerk's office. The applicant or other person aggrieved by the action of the Committee of Architectural Review may appeal to the Board of Zoning and Appeals of the Village of Kings Point, in accordance with its rules, within 30 days after the filing in the office of the Village Clerk of the formal findings of fact of the Committee.
[Amended 8-17-1988 by L.L. No. 2-1988; 4-8-1997 by L.L. No. 3-1997; 11-27-2007 by L.L. No. 8-2007]
Upon filing an application with the Committee, the applicant shall pay to the Village a fee as shall be established from time to time by resolution of the Board of Trustees.
[Added 4-14-1994 by L.L. No. 6-1994; amended 9-22-2008 by L.L. No. 4-2008; 2-10-2014 by L.L. No. 2-2014]
Except as provided in Subsection B hereof, every approval granted by the Committee pursuant to the provisions of this article shall lapse and be of no further force or effect unless within five years after the meeting in which said approval is granted substantial construction has been performed.
The Committee, for good cause shown, or upon a showing of no change in law or facts upon which the Committee would then come to a different conclusion with regard to the subject application, may extend the time within which such substantial construction must take place, upon written application to it for such extension. In no event, however, shall the Committee grant an extension for more than three years beyond the original period hereinabove provided. In determining whether good cause exists for such extension, the Committee shall consider, among other things, the nature and extent of the construction and the difficulties tending to delay construction.
[Added 3-9-1998 by L.L. No. 2-1998]
It shall be unlawful for anyone to substantially change the facade, including but not limited to the roof, doors, windows and other architectural details, in color, material or design, of any structure after such facade has been approved by the Committee without the Committee's prior approval.
It shall be unlawful for anyone to fail to maintain and, to the extent as may be necessary, replant any landscaping in accordance with any landscaping plan which has been approved by the Committee for so long as the structure continues to stand for which such landscaping was imposed without the Committee's prior approval.
It shall be unlawful for anyone to fail to adhere to the conditions imposed by the Committee for so long as the structure continues to stand for which such conditions were imposed without the Committee's prior approval.