It is the purpose of this article to preserve and promote the character and appearance and conserve the property values of the Town, the attractiveness of whose residential and business areas is the economic mainstay of the community, by providing procedures for an architectural review of structures henceforth erected, reconstructed or altered in the Town, and thereby to:
Encourage good qualities of exterior building design and appearances and relate such design and appearances to the sites and surroundings of the structure.
Permit originality and resourcefulness in building design and appearance which is appropriate to the sites and surroundings.
Prevent such design and appearance as is unnecessarily offensive to visual sensibilities.
The Architectural Review Board shall consist of five members appointed by the Town Board. All members of the Architectural Review Board shall be residents of the Town. The terms of office shall be three years. The Town Board shall choose among them, annually, one member to serve as Chairman. It shall function pursuant to a budget provided by the Town Board.
The Architectural Review Board shall meet pursuant to its rules and regulations. The Architectural Review Board may hold a public hearing when it deems the same to be in the public interest. A majority of the Architectural Review Board shall constitute a quorum for the transaction of its business. The Architectural Review 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. The Architectural Review Board shall also keep copies of its examinations and other official actions. The Architectural Review Board shall have power to adopt, amend and/or 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 § 167-85. Such action shall be taken after public hearing and shall be subject to the approval of the Town Board.
Upon request of the Zoning Board of Appeals or the Planning Board and/or within three business days after determining that an application for a building permit for the construction or alteration of any commercial, industrial or multiple-dwelling building or structure complies with all provisions of this Code other than this chapter, the Building Inspector shall transmit to each member of the Architectural Review Board a copy of any such application which comes in the following category: construction or alteration of any commercial, industrial or multiple-dwelling building; a structure or major addition thereto; or a subdivision of land to create three or more residential lots.
Applications must be accompanied by plans showing all elevations of new structures and all affected elevations in the case of additions or alterations. When required by the Building Inspector or by the Architectural Review Board, a site plan shall be submitted showing both existing and proposed contours at two-foot intervals, all existing trees with a trunk diameter of six inches or more at a point four feet above the ground level and whether such trees shall remain or be removed and/or other topographical features.
Approval of any architectural drawings shall be by a vote of a majority of the members of the Architectural Review Board.
In considering an application for a permit, the Architectural Review Board shall take into account natural features of the site and surroundings, exterior design and appearance of existing structures and the character of the neighborhood and its particular suitability for particular uses, with the intent of protecting the values of property and encouraging the most appropriate use of land.
The Architectural Review Board may approve any application referred to it upon finding that the building or structure for which the permit is requested, if erected or altered in accordance with the submitted plan, would be in harmony with the purpose of this chapter; would not be visually offensive or inappropriate by reason of poor quality of exterior design; would not have 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/or reduce the values of properties in the area; would not be detrimental to the character of the neighborhood; would not prevent the most appropriate development and utilization of the site or of adjacent lands; would not adversely affect the functioning, economic stability, prosperity, health, safety and general welfare of the entire community.
In approving any application, the Architectural Review Board may impose appropriate conditions and safeguards designed to promote the purpose and legislative intent of this article.
The Architectural Review 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 plan, and provided that the Architectural Review Board finds and states that the structure for which the permit is requested would, if erected as indicated, conflict with the purpose and legislative intent of this article by reason of the following:
No dwelling shall hereafter be erected or constructed in any residential zones which shall be like or substantially like any existing or proposed neighboring dwelling in more than three of the following six building elements:
Height of the main roof ridge above the elevation of the first floor.
Length of the main roof ridge.
Width between outside walls at the ends of the dwelling under the main roof.
In the front elevation, relative location with respect to the other elements of the dwelling, including but not limited to garage, if attached, porch, if any, and the remainder of the dwelling.
In the front elevation, relative location of windows.
In the front elevation, materials used in the exterior wall of the dwelling.
Minimum changes required.
For Subsection E(1)(a), dwellings shall be deemed to be like each other in any dimension with respect to which the difference between them is not more than two feet.
For Subsection E(1)(a), dwellings shall be deemed to be like each other if the difference between materials used is not more than 30% of the wall area.
Dwellings between which the only difference in relative location of elements is end-to-end or side-to-side reversal of elements shall be deemed to be like each other in relative location of such elements.
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 and within 150 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:
Facade, disregarding color.
Size and arrangement of doors, windows, porticoes, porches or garages or other openings, breaks or extensions in the facade.
Other significant design features, such as but not limited to heights, widths and lengths of elements of design, exterior materials and treatments, roof structures, exposed mechanical equipment, service and storage areas, retaining walls, landscaping, signs, light posts, parking areas and fences, service and loading areas.
Visual offensiveness or other poor qualities of exterior design, including, with respect to signs, considerations of the harmony or discord of colors or incompatibility of the proposed structure with the terrain on which it is to be located, including but not limited to excessive divergences of the height or levels of any part of the structure from the grade of the terrain.
The Building Inspector shall refuse any building permit application disapproved as provided in § 167-85. If the Architectural Review Board shall fail to approve or disapprove any application referred to it under § 167-84 within 30 days of the date of referral of such application to it, the application shall be considered to have been approved, unless the applicant shall have agreed to an extension of time or shall have agreed to provide additional data, information or plans.
Any applicant aggrieved by the action of the Architectural Review Board in disapproving a building permit application and of the Building Inspector in denying such permit because of such disapproval may request the Architectural Review Board to make formal findings of fact. In the event of such a request, the Architectural Review Board shall make such findings of fact within 15 days after the request is filed in the office of the Town Clerk, shall thereafter provide the applicant with an opportunity to answer the findings by the submission of formal proof and shall reconsider the application on the basis of such answer. If the application is disapproved after such reconsideration, the applicant may bring a proceeding to review in the manner provided by Article 78 of the Civil Practice Law and Rules in a court of competent jurisdiction on the ground that such action is illegal, in whole or in part. Such proceeding must be commenced within 30 days after the filing in the office of the Town Clerk of the decision after reconsideration.