City of Yonkers, NY Article II Design Review Board

[Adopted 12-9-1997 by G.O. No. 15-1997[1][2]]

[1]

[2] Editor's Note: This ordinance also repealed former Art. II, Architectural Board of Review, adopted 2-25-1969 by G.O. No. 4-1969, as amended.

§ 44-7 Title.

The title of the body hereunder created shall be and is the "Yonkers Design Review Board" (hereinafter referred to as "Board").

§ 44-8 Purposes.

The City Council hereby finds that excessive uniformity, dissimilarity, inappropriateness or poor quality of design in the exterior appearance of buildings or other structures erected or altered can adversely affect the desirability of the immediate and neighboring areas and, by so doing, impair the benefits of occupancy of existing property in such areas, impair the stability in value of both improved and unimproved real property in such areas, prevent the most appropriate development and use of such areas, produce degeneration of property in such areas with attendant deterioration of conditions affecting the health, safety, comfort and general welfare of the inhabitants thereof, and contribute to the diminution of the taxable value of real property in such areas and their ability to support municipal services provided therefor. It is the purpose of this article to prevent these and other potentially harmful effects resulting from such unattractive exterior appearance of buildings and other structures erected or altered, and thus to promote the public health, safety and welfare, to conserve the value of buildings, to encourage the most appropriate use of land and to improve the physical and visual appearance of the city.

§ 44-9 Creation and organization.

There is hereby created a Design Review Board which shall consist of five members, who shall serve without compensation. Such members shall be specially qualified by reason of training or experience in art, architecture, engineering, graphic design, landscape architecture, community planning, land development, real estate or other relevant business or profession, to judge the effects of a proposed building or structure or alteration thereof upon the desirability, property values and development of surrounding areas. At least two members of such Board shall be registered architects. The members of such Board shall be appointed by the Mayor and confirmed by the City Council, and the Chairman thereof shall be designated by the Mayor and confirmed by the City Council. Of the members first appointed, one shall hold office for the term of one year, two for the term of two years, and two for the term of three years from and after their respective appointments. Their successors shall be appointed by the Mayor and confirmed by the City Council for a term of three 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 Mayor and confirmed by the City Council for the unexpired term.

§ 44-10 Meetings, rules and records.

A. All meetings of the Design Review Board shall be held at the call of the Chairman and at such other times as such Board may determine, but a meeting shall be held within 30 days of the date of any application or referral to it. Such Board shall keep minutes of its proceedings showing the vote of each member upon every question, or, if any member is absent or fails to vote, indicating such fact, and shall also keep records of its examination and other official actions.

B. The Board shall have the power from time to time to adopt, amend and repeal rules and regulations not inconsistent with law or this Code, governing its procedure and the transaction of its business, after public hearing by the Board following five days' notice in a newspaper of general circulation in the City of Yonkers, and subject to the approval of the City Council. Notwithstanding the foregoing, the Board shall have no jurisdiction, powers or duties until the City Council shall have adopted the first version of such rules and regulations.

C. Every rule and regulation, every amendment or appeal thereof and every order, requirement, decision or determination of the Board shall be filed in the office of the Board.

§ 44-11 Quorum and vote.

Three members of the Board shall constitute a quorum for the transaction of business as provided by Section 41 of the General Construction Law.

§ 44-12 Powers and duties.

A. Within the area shown on Appendix A, Downtown Design District, attached hereto and made a part hereof,[1] no change may be made to the exterior appearance of any building, structure or lot (as such terms are defined in § 43-8 in the Yonkers Code), or anything attached thereto, including without limitation any paint color, siding, sign, flagpole, fence, security grille, flag or awning, or anything such as a window sign visible from the exterior, without approval from the Design Review Board. Such approval shall not, however, be required for any action taken solely under the authority of a demolition permit issued by the Building Department.

[1] Editor's Note: Appendix A, Downtown Design District, is on file in the City offices.

B. Within the area shown on Appendix A, Downtown Design District, attached hereto and made a part hereof,[2] no change may be made to the exterior appearance of any public improvement of the City of Yonkers, or anything attached thereto, including without limitation any paint color, siding, sign, flagpole, fence, security grille, flag or awning, or anything such as a window sign visible from the exterior, until the city agency or official having final approval authority has received a written report from the Design Review Board, or 45 days has passed since referral of the matter to the Design Review Board, whichever first occurs.

[2] Editor's Note: Appendix A, Downtown Design District, is on file in the City offices.

C. In order to effectuate the purposes hereof, the Board may develop and adopt other principles for design evaluation, not inconsistent herewith, including design guidelines for specified circumstances. For any and all such design guidelines, the Board may provide, within specified circumstances, for staff review and issuance of certificates of appropriateness without further review and approval by the Board. Any such principles or design guidelines shall be adopted in accordance with the provisions set forth above for the adoption by the Board of rules and regulations.

D. Notwithstanding the above provisions, when the Landmarks Preservation Board has authority under Article I of Chapter 45 of the Yonkers Code to issue or deny a certificate of appropriateness for the same building, structure or lot, or when the Planning Board has authority under Yonkers Code to issue or deny a site plan approval or special exception use permit for the same building, structure or lot, then the Design Review Board shall not have final approval authority but shall function in an advisory capacity to such Landmarks Preservation Board or Planning Board. Neither Board may, however, issue any such certificate, approval or permit until it has received a written report from the Design Review Board, or 45 days has passed since referral of the matter to the Design Review Board, whichever first occurs.

§ 44-13 Procedure.

The Design Review Board shall have 62 days (45 for referrals as provided above) in which to act upon a matter before it. Such limit shall be measured from the date of the meeting at which the Board receives an application. Such time limit may be extended by mutual agreement with the applicant. Failure to act on the part of the Board within the time limit specified, or as may be extended, shall be deemed to constitute approval.

§ 44-14 Standards.

In examining plans or proposals, the Design Review Board shall disapprove any design which would cause or contribute to one or more of the harmful effects set forth in § 44-8 of this Code by reason of:

A. Excessive dissimilarity or inappropriateness in relation to any other structure existing or for which a permit has been issued, or to any other structure included in the same permit application, facing upon the same or intersecting street and within 500 feet of the proposed new structure, in respect to one or more of the following features: cubical content; gross floor area; building area or height of roof; or other significant design features, such as paint color, siding, materials or style of architectural design.

B. 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, facing upon the same or intersecting street and within 500 feet of the proposed new structure, in respect to one or more of the following features of exterior design and appearance: apparently identical front, side or other elevations visible from a street; substantially identical size and arrangement of either doors, windows, porticoes or other openings or breaks in the elevation facing the street, including reverse arrangement; or other significant identical features of design, such as but not limited to material, roof line, height or other design elements.

C. The quality of building and overall site design, in respect to one or more of the following features: the relationship to and character of the adjacent neighborhood; consideration of architectural style, bulk, dimensions, materials, and location on the site and in relation to development on adjoining properties, the natural terrain and vegetation.

§ 44-15 Guiding principles for Design Review Board.

In reviewing applications for conformity to the above standards, the design shall be evaluated by the following criteria:

A. The facades of the building shall be of such material, color and/or texture, massing, fenestration, signs and advertising as not to be discordant or incongruous with comparable architectural elements of other buildings, identified in § 44-14 above, which, by reason of their proximate location, are visually related to the facades of nearby buildings. The facades shall not contain any feature or element which shall be so disproportionate by normal architectural standards or so garish that it detracts or may in the future detract from title appearance of nearby buildings or groupings of buildings.

B. Any projections from the facades shall be so positioned and designed as to be harmonious with other proximate buildings. Consideration shall be given to avoiding monotony in the development of contiguous facades of adjacent buildings and also to avoid excessive and unattractive disruption and irregularity in the continuity of adjacent facades.

C. Doors, windows, openings, porticoes and other projections or architectural features shall be arranged, wherever possible, to enable adjoining buildings to complement each other.

D. The facade of a building and the open areas adjacent to building entrances and pedestrian walks shall be bordered with appropriate shrubbery or plantings of a decorative character. Pedestrian walks and sitting areas shall be surfaced so that they will easily be maintained and be neat and attractive in appearance.

E. Vehicular parking areas, utility buildings and structures, garbage and refuse disposal facilities and other service areas or entrances shall utilize plantings, trees, shrubs or other methods where feasible to shield unsightly and incongruous features from the public view, to avoid large, unrelieved paved or surfaced areas and to minimize the effect of these features on the overall appearance of the development.

F. Design and development of the rear facade shall be reviewed as well as the front facade so as to create an attractive exposure and entranceway for the public utilizing or viewing the rear of the premises.

§ 44-16 Limitations.

A. The Board shall restrict its considerations to a reasonable and professional review of the proposal and plans, leaving full responsibility for the design and development to the applicant. The Board shall not design or assist in the design of any buildings or structures submitted for approval.

B. The Board shall not unduly restrict new or innovative building types, materials or methods.

C. In its endeavor to improve the quality of design, the Board shall consider cost as one factor along with design in its efforts to achieve the objectives of this article.

§ 44-17 Appeals.

Notwithstanding the provisions of § 43-67A of the Yonkers Code, any person aggrieved by an action of the Design Review Board in approving or disapproving an application before it may take an appeal to and request a variance from the Zoning Board of Appeals.

A. In making its determination, the Zoning Board of Appeals shall take into consideration the benefit to the applicant if the variance is granted, as weighed against the detriment to the health, safety and welfare of the neighborhood or community by such grant. In making such determination the Board shall also consider:

(1) Whether an undesirable change will be produced in the character of the neighborhood or a detriment to nearby properties will be created by the granting of the variance;

(2) Whether the benefit sought by the applicant can be achieved by some method feasible for the applicant to pursue, other than variance;

(3) Whether the requested variance is substantial;

(4) Whether the proposed variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district; and

(5) Whether the alleged difficulty was self-created, which consideration shall be relevant to the decision of the Board of Appeals, but shall not necessarily preclude the granting of the variance.

B. The Board of Appeals, in the granting of such variances, shall grant the minimum variance that it shall deem necessary and adequate and at the same time preserve and protect the character of the neighborhood and the health, safety and welfare of the community.

C. The Board of Appeals shall, in the granting of such variances, have the authority to impose such reasonable conditions and restrictions as are directly related to and incidental to the proposed use of the property. Such conditions shall be consistent with the spirit and intent of this article and shall be imposed for the purpose of minimizing any adverse impact such variance may have on the neighborhood or community.

§ 44-18 Violations.

Violations of the provisions of this article shall be subject to the provisions of Chapter 43, entitled "Zoning," Article XIII, § 43-108.

§ 44-19 Fees.

Each application to the Design Review Board shall be accompanied by a fee equal to 1% of project cost (as determined by the Yonkers Building Department) but not less than $50 nor more than $500.