[HISTORY: Adopted by the Town Board of the
Town of Grand Island 5-6-1974 (Ch. 5 of the 1963 Code). Amendments noted where applicable.]
The Town Board of the Town of Grand Island,
New York, finds that excessive uniformity, dissimilarity, inappropriateness
or poor quality of design in the exterior appearance of buildings
erected in any neighborhood adversely affects the desirability of
the immediate area for residential and business purposes, or other
purposes, and by so doing impairs the benefits of occupancy of existing
property in such areas, impairs the stability and value of both improved
and unimproved real property in such areas, prevents the most appropriate
development and use of such areas, produces degeneration of property
in such areas with attendant deterioration of conditions affecting
the health, safety and general welfare of the community, and destroys
a proper relationship between the taxable value of real property in
such areas and the cost of municipal services provided therefor. It
is the purpose of this chapter to prevent these and other harmful
effects of such exterior appearance of buildings erected or altered
in any neighborhood 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 Town of Grand Island.
[Amended 1-22-2008 by L.L. No. 1-2008]
A.
There is hereby created an Architectural Review Advisory
Board, which shall advise the Code Enforcement Officer for the issuing
of building permits, and shall consist of five members who shall serve
without compensation. All members of the Board shall be residents
of the Town of Grand Island. All members of the Board shall be specially
qualified by reason of training or experience in art, architecture,
community planning, land development, real estate, landscape architecture
or other relevant business or profession, or by reason of civic interest
or sound judgment, to judge the effects of a proposed building upon
the desirability, property values and development of surrounding areas.
To the extent practicable, at least one member of the Board shall
be a registered architect in the State of New York. The members of
such Board shall be appointed by the Town Board, which shall designate
a Chairman thereof. Of the members of the Board first appointed, one
shall hold office for the term of one year, one for the term of two
years, one for the term of three years, one for the term of four years
and one for the term of five years from. Their successors shall be
appointed for the term of five years from and after the expiration
of the terms of their predecessors in office. If a vacancy shall occur
otherwise than by expiration of term, it shall be filled by the Town
Board for the unexpired term. The Town Board shall have power to remove
any member of the Board. The Town Board shall designate a Secretary
of the Board.
B.
All meetings of the Board shall be held at the call of the Chairman and at such other times as such Board may determine, but shall be held within 31 days of the date of any application for a building permit referred to the Board as required in § 21-3 of this chapter. The Board shall have regular monthly meetings on a specified day of the month. Three members of such Board shall constitute a quorum for the transaction of business. All meetings of such Board shall be held at the Town Hall and shall be open to the public. Such Board shall keep minutes of its proceedings, showing the vote of each member upon every question, or if absent or failing to vote, indicating such fact, and shall also keep records of examinations and other official actions. The Board shall have the power, subject to approval of the Town Board, to adopt, amend and repeal rules and regulations not inconsistent with law of this chapter, governing its procedure and the transaction of the business, and for the purpose of carrying into effect the standards outlined in § 21-3 of this chapter. Every rule and regulation, every amendment or repeal thereof and every order, requirement, decision or determination of the Board shall immediately be filed with the Town Clerk and in the office of the Board, which shall be at the Town Hall, and shall be a public record.
C.
Alternate member.
[Added 1-20-2015 by L.L. No. 4-2015]
(1)
The
Town Board hereby establishes an alternate Architectural Review Board
member position for purposes of substituting for a member in the event
such member is unable to participate because of a conflict of interest
or inability to attend a meeting of the Architectural Review Board.
[Amended 1-22-2008 by L.L. No. 1-2008]
Prior to the issuance of any building permit pursuant to Chapter 125 of the Code of the Town of Grand Island, the Code Enforcement Officer shall evaluate whether the proposed erection or alteration, on its face and/or pursuant to the rules of the Architectural Review Board, would implicate one or more of the circumstances set forth in Subsections A, B and/or C of this § 21-3. In the event one or more of the circumstances set forth in Subsections A, B and/or C of this § 21-3 may exist, the Code Enforcement Officer shall promptly refer said permit application to the Architectural Review Advisory Board. The Architectural Review Advisory Board shall deny approval to any application referred to it, by resolution of a simple majority of the members present, if said Board determines that the proposed structure would be detrimental to the desirability, property values or development of the surrounding areas, as to provide one or more of the harmful effects set forth in § 21-1 hereof, by reason of:
A.
Excessive similarity to any other structure existing, or for which a permit has been issued, or to any other structure included in the same permit application, within the surrounding area (as defined in § 21-3D) in respect to one or more of the following features of exterior design and appearance:
(1)
Apparently identical front or side elevations.
(2)
Substantially identical size and arrangement of either
doors, windows, porticos or other openings or breaks in the elevation
facing the street, including reverse arrangement.
(3)
Other significant identical features of design, such as but not limited to material, roof line and height or other design elements, provided that a find of excessive similarity shall state not only that such excessive similarity exists, but that it is of such a nature as to be reasonably expected to provoke one or more of the harmful effects set forth in § 21-1 hereof.
B.
Excessive dissimilarity to any other structure existing, or for which a permit has been issued, or to any other structure included in the same permit application, within the surrounding area (as defined in § 21-3D) in respect to one or more of the following features:
(1)
Cubical contents;,
(2)
Gross floor area;
(3)
Height of building or height of roof; and
(4)
Other significant design features such as materials or quality of architectural design, provided that a finding of excessive dissimilarity shall state not only that such excessive dissimilarity exists, but that it is of such a nature as to be reasonably expected to provoke one or more of the harmful effects set forth in § 21-1 hereof, and that the finding is not based on personal preference as to taste or choice of architectural style.
C.
Inappropriateness in relation to the established character of other structures in the surrounding area (as defined in § 21-3D) in respect to significant design features such as material or quality or architectural design, provided that a finding of appropriateness shall state only that such inappropriateness exists, but that it is of such a nature as to be reasonably expected to provoke one or more of the harmful effects set forth in § 21-1 hereof, and that the finding is not based on personal preference as to taste or choice of architectural style.
D.
The surrounding area as used in § 21-3A, B and C shall include both sides of the same and any intersecting streets, and as measured from the center of the applicable structure along the center lines of the streets:
(1)
In any
R-1A, R-1B, R-1C, R-1D, R-1E, R-2, R-2A or R-3 Zoning District (collectively
"residential zoning districts"), excluding cluster development or
Planned Development District sections of Residential Zoning Districts,
a distance of up to 500 feet; or
(2)
In any
cluster development or Planned Development District section of any
residential zoning district, a distance of up to three times the minimum
frontage footage required for the particular residential zoning district;
or
(3)
In any
zoning district other than a residential zoning district, a distance
of up to 250 feet.
The Code Enforcement Officer shall refuse any building permit application disapproved as provided in § 21-3 hereof. If the Architectural Review Advisory Board shall fail to act on any such application referred to it within 31 days of the date of filing such application, or if such Board shall approve any such application, the Code Enforcement Officer shall forthwith issue the building permit, provided it conforms in all respects to all other applicable laws and ordinances.
Any person aggrieved by the action of the Architectural
Review Advisory Board in disapproving a building permit application,
and of the Code Enforcement Officer denying such permit because of
such disapproval, may make an appeal to the Town Board within 60 days,
and the Town Board may reverse or affirm or modify and affirm the
actions of the Architectural Review Advisory Board and of the Code
Enforcement Officer.
Upon request of the Planning Board, the Architectural
Review Advisory Board shall consult with and advise the Planning Board
with respect to any site plan on which it is required to pass under
the provisions of law or of this chapter.
