[HISTORY: Adopted by the Board of Trustees of the Village of Pomona 10-28-1991 by L.L. No. 4-1991. Amendments noted where applicable.]
GENERAL REFERENCES
Historical Review Board — See Ch. 13.
Planning Board and Zoning Board of Appeals — See Ch. 25.
Property owner registration  — See Ch. 104.
Subdivision of land — See Ch. 118.
Zoning — See Ch. 130.
[Amended 1-27-1997 by L.L. No. 3-1997]
A. 
It is the purpose of this chapter to preserve and promote the character and appearances and conserve the property values of the Village, the attractiveness of which is the economic mainstay of the community, by providing procedures for an architectural review of structures henceforth erected, reconstructed or altered in the Village and thereby to:
(1) 
Encourage good quality of exterior building design and appearances to the site and surroundings of the structure;
(2) 
Permit originality and resourcefulness in building design and appearance which are appropriate to the sites and surroundings;
(3) 
Prevent such designs and appearances as are unnecessarily offensive to visual sensibilities.
B. 
The Village Board hereby finds inappropriateness or poor quality of design in the exterior appearance of buildings or land developments adversely affects the desirability of the immediate area and neighboring areas 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, retards the most appropriate development of such areas, produces degeneration of property in such areas with attendant deterioration of conditions affecting the health, safety, morals and general welfare of the inhabitants thereof and creates an improper relationship between the taxable value of real property in such areas and the cost of municipal services provided therefore. It is the purpose of this chapter to prevent these and other harmful effects of such exterior appearance of buildings and land developments and thus to promote and protect the health, safety, morals and general welfare of the community.[1]
[1]
Editor's Note: Former Subsection C, regarding the applicability of this chapter to subdivision plats filed after 10-28-1991, added 5-19-1997 by L.L. No. 6-1997, was repealed 7-26-2004 by L.L. No. 3-2004.
[Amended 1-27-1997 by L.L. No. 3-1997]
There is hereby created a Board of Architectural Review (BAR) consisting of five members, all of whom shall be members of the Planning Board of the Village of Pomona. The term of each member of the Board of Architectural Review shall be coterminous with each such member's term as a member of the Planning Board. The Chairperson of the Board of Architectural Review shall be the same person who serves as Chairperson of the Planning Board.
[Amended 1-27-1997 by L.L. No. 3-1997]
Meetings of the Board of Architectural Review shall be held upon the referrals from the Planning Board, the Zoning Board of Appeals or the Building Inspector of the Village of Pomona. A majority of the BAR shall constitute a quorum for the transaction of business. The BAR 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 BAR shall have the authority, from time to time, to adopt, amend and repeal rules and regulations consistent with law and the provisions of this chapter governing its procedure and the transaction of its business and for implementing the standards and criteria set forth in § 3-5 of this chapter. The BAR shall have the authority to hire appropriate consultants and professionals for technical assistance.
[Amended 1-27-1997 by L.L. No. 3-1997]
A. 
The BAR shall review all applications for building permits for nonresidential construction and all applications for building permits that would result in three or more residential structures substantially similar to each other that are proposed to be constructed within 500 feet of each other on the same street or road to which the lot for which the building permit is sought will have access.
[Amended 5-19-1997 by L.L. No. 6-1997; 10-27-1997 by L.L. No. 12-1997; 7-26-2004 by L.L. No. 3-2004]
B. 
Applications for building permits which are referred to the BAR shall be accompanied by eight sets of scaled building plans, to be supplied by the applicant, showing all elevations and dimensions of all affected structures, a landscape plan and a site plan showing both existing and proposed contours at two-foot intervals, all significant physical features and all existing trees having a circumference of 25 inches or more at a height 4 1/2 feet above existing ground level at the base of the tree on the uphill side, and whether or not it is proposed that such trees shall remain or be removed.
[Amended 5-19-1997 by L.L. No. 6-1997; 11-25-2003 by L.L. No. 9-2003; 9-7-2004 by L.L. No. 4-2004]
C. 
The application shall be placed on the agenda for the next regularly schedule BAR meeting but in no event less than 15 nor more than 60 days after receipt of a complete application. The BAR may require the applicant to submit additional plans, renderings, date and any other document or information that it deems necessary to make a determination. The BAR shall approve, approve with conditions or disapprove the application. In the even the BAR approves with conditions or disapproves the application, the BAR shall issue written findings of fact and state the reasons for its decision in writing. Decisions of the BAR shall be transmitted to the Building Inspector and the applicant.
[Amended 5-19-1997 by L.L. No. 6-1997; 7-26-2004 by L.L. No. 3-2004]
D. 
All applications to the BAR shall be accompanied by a fee as set forth in the fee schedule adopted by the Board of Trustees.[1]
[Amended 10-27-2003 by L.L. No. 8-2003]
[1]
Editor's Note: The fee schedule is on file in the Village offices.
A. 
Approval of any application referred to the Board shall be by a vote of at least a majority of the members of the Board of Architectural Review.
[Amended 7-26-2004 by L.L. No. 3-2004]
B. 
In considering an application, the Board shall take into account natural features of the site and surroundings, exterior design and appearances of existing structures and the character of the district and its peculiar suitability for particular purposes, with a view to conserving the values of property and encouraging the most appropriate use of land. In so doing, the Board may consider the predominant features of surrounding structures, in order to establish a framework for evaluation for the proposed structure, such as the massing or footprint of surrounding houses, orientation to the street, roof type and roof pitch.
[Amended 1-27-1997 by L.L. No. 3-1997; 7-26-2004 by L.L. No. 3-2004]
C. 
The Board may approve any application referred to it upon finding that the building or structure for which the permit was 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, excessive similarity or striking visual discord in relation to the site or surroundings; would not mar the appearance of the area; would not impair the use, enjoyment and desirability and 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; and would not adversely affect the functioning, economic stability, prosperity, health, safety and general welfare of the entire community.
D. 
In approving any application, the Board may impose reasonable and appropriate conditions and safeguards designed to prevent the harmful effects set forth in § 3-1, including conditions as to landscaping and modifications to the proposed structure.
[Amended 1-27-1997 by L.L. No. 3-1997]
E. 
The Board may disapprove any application for a permit, provided that the Board has afforded the applicant an opportunity to confer upon and incorporate suggestions for change of the plan, and provided that the Board finds and states that the structure for which the permit was requested would, if erected as indicated, provoke one or more of the harmful effects set forth in § 3-1 by reason of:
(1) 
Excessive similarity to any other structure or structures located on the same street or 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:
(a) 
Substantially identical facade, disregarding color.
(b) 
Substantially identical size and arrangement of either doors, windows, porticoes, porches or garages or other openings or breaks or extensions in the facade, including reverse arrangements.
(c) 
Other substantially identical features, such as, but not limited to, setbacks from street lines; heights, widths and lengths of elements of the building design; and exterior materials and treatments.
(2) 
Striking dissimilarity, visual discord or inappropriateness with respect to other structures 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:
(a) 
Facade, disregarding color.
(b) 
Size and arrangement of doors, windows, porticoes, porches or garages or other openings, breaks or extensions in the facade.
(c) 
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 and service and loading areas.
(3) 
Visual offensiveness or excessive similarity or dissimilarity, incompatibility due to size, orientation and excessive impact upon the privacy of an adjacent property or existing residence 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, excessive grading or loss of existing vegetation, excessive divergences in the height of any portion of the structure from the natural or finished grade and the treatment of exposed foundations.
[Amended 1-27-1997 by L.L. No. 3-1997]
[Added 7-26-2004 by L.L. No. 3-2004[1]]
Any person aggrieved by a decision of the BAR may appeal such decision to the Board of Trustees of the Village of Pomona. Such appeal shall be filed within 30 days after the decision has been filed in the office of the Building Inspector. The Board of Trustees shall make a decision on said appeal within 60 days after receiving a formal application therefor.
[1]
Editor's Note: This local law also repealed former § 3-7, Review of BAR recommendations, as amended.