[HISTORY: Adopted by the Board of Trustees
of the Village of Garden City 2-14-1952 by L.L. No. 1-1952; amended in its entirety 8-10-1989 by L.L. No.
3-1989. Amendments noted where applicable.]
A.
It is the purpose of this chapter to promote the health,
safety, comfort and general welfare of the community and to preserve
the property values of the village, the attractiveness of whose residential
and business areas is the economic mainstay of the community, by providing
procedures for architectural review of all structures henceforth erected,
reconstructed, altered or remodeled in the village and thereby:
(1)
To encourage good qualities of exterior building design
and good appearance and to relate such design and appearance to the
sites and surroundings of structures.
(2)
To foster excellence and resourcefulness in building
design and appearances which are appropriate to the sites and surroundings.
(3)
To prevent such design and appearances as are offensive
to visual sensibilities.
B.
The Board of Trustees hereby finds that structures
which are visually offensive or inappropriate, by reason of poor qualities
of exterior design or excessive similarity or excessive dissimilarity
in relation to their sites or surroundings, mar the appearance of
their areas, impair the use, enjoyment stability and desirability
and reduce the values of properties are detrimental to the characters
of neighborhoods, prevent the most appropriate utilization of land
and, therefore, adversely affect the functioning, economic stability,
prosperity, health, safety and general welfare of the entire community.
There is hereby created an Architectural Design
Review Board consisting of seven members, who shall serve without
compensation. A majority of the members of said Board shall be residents
of the Village of Garden City, and all members of said Board shall
be persons qualified by reason of training or experience in architecture,
land development, community planning, real estate, landscape architecture
or other relevant business or profession or by reason of civic interest
and sound judgment to determine the effects of a proposed building
or structure (including additions or exterior alterations thereto),
a group of buildings or structures or plan of building development
on the desirability, property values and development of surrounding
areas on the development of the village as a whole. The members of
the Board shall be appointed by the Mayor, subject to the approval
of the Board of Trustees. The Mayor shall, upon the enactment of this
chapter and thereafter at the annual organizational meeting, designate
the Chairman and Vice Chairman of the Board, subject to the approval
of the Board of Trustees, and the persons so designated shall serve
as Chairman and Vice Chairman at the pleasure of the Mayor and Board
of Trustees. The term of office of each member shall be three years,
except that the initial appointments of three members shall be for
one year, of two members for two years and two members for three years.
The Board of Trustees shall have the power to remove any such member
for cause. Vacancies shall be filled by the Mayor, subject to the
approval of the Board of Trustees, for the unexpired term of any member
whose place has become vacant. The Building Official shall act as
Secretary of the Board.
[Added 7-19-2012 by L.L. No. 1-2012]
A.
The Board
of Trustees may establish alternate member positions for purposes
of substitution for a member who is unable to participate because
of a conflict of interest or absence. The Mayor may appoint alternate
members, subject to the approval of the Board of Trustees, in a number
of sufficient to meet the needs of the Village, for terms established
by the Board of Trustees.
B.
The Chairman
of the Architectural Design Review Board (ADRB) may designate an alternate
member to substitute for a member who is unable to participate because
of a conflict of interest or absence on an application or matter before
the ADRB. When so designated, the alternate member shall possess all
the powers and responsibilities of the member of such Board he or
she is replacing, and all the provisions of the Village Law relating
to member training and continuing education, attendance, conflict
of interest, compensation, eligibility, vacancy in office, removal
and service on other boards shall also apply to alternate members.
When a designation is made by the Chairman of the ADRB, it shall be
entered into the minutes of the ADRB meeting at which the substitution
is made.
[Added 12-5-2018 by L.L.
No. 2-2018]
Notwithstanding any state or local law to the contrary, commencing
on April 1, 2019, no person shall be designated to or serve in the
position of Chairperson of the Architectural Design Review Board for
more than seven consecutive official years, as defined in § 3-302
of the Village Law. For purposes of this section, service as Chairperson
immediately prior to April 1, 2018 shall be included in determining
whether or not any person has served for seven consecutive years.
Notwithstanding the foregoing seven-consecutive-year limitation, any
person duly appointed to the Architectural Design Review Board shall
be eligible to serve or continue to serve as a member without limitation.
As used in this chapter, all terms shall have the same meanings as set forth in § 200-3 of the Village Code.
Meetings of the Architectural Design Review Board shall be held at such times as the Board may determine and otherwise at the call of the Chairman or, in his absence, the Vice Chairman. The Chairman or, in his absence, the Vice Chairman may administer oaths and compel the attendance of witnesses. A majority of the members of the Board shall constitute a quorum for the transaction of business. All actions taken by the Board shall be by a majority of the members thereof. The Board 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. The Board shall have the power, from time to time, to adopt, amend and 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 § 57-6 hereof, which rules and regulations or amendments thereto shall become effective upon ratification by the Board of Trustees. Every rule or regulation, every amendment or repeal thereof and every order, requirement, decision or determination of the Board shall be filed with the Secretary of the Board and shall be a public record.
[Amended 10-16-1989 by L.L. No. 6-1989; 7-21-2011 by L.L. No. 2-2011; 12-15-2016 by L.L. No. 15-2016]
A.
The
Board shall review and advise on all of the following:
(1)
All applications for the construction of any new building or structure.
(2)
All applications for additions or exterior alterations to any building
or structure, other than one-family dwellings.
(3)
All applications for additions or exterior alterations to any portion
of a one-family dwelling facing or visible from any street which 1)
results in a change in the overall style or appearance of the dwelling
which the Superintendent of Buildings, in consultation with the Chairman
of the ADRB, deems to be substantial; or 2) involves the addition
or demolition of an area equal to 30% or more of the existing building
coverage of the residence. Notwithstanding the preceding sentence,
the following changes to the exterior of a residence, considered alone
or two or more together, shall not require ADRB approval, provided
the ADRB may consider and comment upon them in connection with any
application properly referred to it for any other reason provided
in this section:
(a)
Replacement of exterior siding in kind or with siding having
the same or similar appearance;
(b)
Replacement of one or more windows or doors not requiring structural
changes;
(c)
Replacement of roofing materials in kind or with materials having
the same or similar appearance; and
(d)
Changes in the color of exterior materials.
(4)
Repainting, residing or altering of the exterior of any building
or structure which results in a change of color or materials, other
than one-family dwellings.
(6)
Landscaping plans for new buildings and additions where existing
landscaping is removed to facilitate construction and cannot reasonably
be restored.
(7)
Design of exterior signs.
B.
If
any building in a residence district for which a building permit is
sought is one of a group of six or more buildings proposed to be constructed
in the same vicinity, none of which buildings is to be situated at
a distance of more than 250 feet from some other building of the group,
whether or not such buildings are to be constructed on contiguous
plots, and whether or not the permits for the other buildings of the
group are applied for by the same applicant, said application shall
be accompanied by a plan of building development for the entire group,
clearly setting forth the entire site layout and the designs of the
exterior appearance of all the proposed buildings in the group.
C.
A
preliminary conference may be held between the Board and the applicant
prior to the preparation and submission of a formal submission. The
intended purpose of such a conference is to enable the applicant to
inform the Board of his proposal prior to the preparation of a detailed
submission and to provide the Board with an opportunity to review
the basic design concept, to advise the applicant as to potential
problems and concerns and to generally determine the information to
be required on the formal submission.
D.
The
Board shall require an application which shall include, but not be
limited to, the following:
(1)
A plan or plans drawn at a scale adequate to indicate clearly the
following:
(a)
The dimensions, orientation and area of the building plot with setback
dimensions clearly indicated.
(b)
The size, shape and location of existing and proposed construction
and relationship to adjacent properties, buildings and structures.
(c)
A summary of areas of existing or proposed buildings and an indication
of their proposed uses.
(d)
Locations of existing streets, points of entry and egress for motor
vehicles and locations and layout of all paved areas, including off-street
parking and loading facilities.
(e)
All existing and proposed topography.
(f)
Locations of existing and proposed plantings and screening devices,
walls, fences and railings and their height and the materials of their
construction.
(g)
Indication of exterior lighting adequate to determine its character
and to enable review of possible hazards and disturbances to the public
and adjacent properties.
(h)
Indication of other potential disturbances to the public and adjacent
properties due to noise or odors to be emitted from the proposed use.
(2)
Photographs of the site and adjacent areas and structures sufficient
to provide adequate representation thereof.
(3)
Samples of exterior building materials and finishes and color palette
for painted surfaces.
(4)
Detailed drawings of decorative elements.
(5)
Location, size and design of exterior signage.
(6)
Sectional drawings to explain the character of the design.
(7)
All site plan applications submitted to the Village Planning Commission.
(8)
Complete and accurate exterior elevations of all facades, drawn at
a scale adequate to show clearly the appearance of all proposed buildings
and structures.
(9)
A scale model detailed to the degree deemed necessary by the Board.
E.
The
Board may waive any of the requirements of this section where, due
to character, size, location or special circumstances, any particular
information, or the preliminary conference, is not required in order
for the Board to properly perform its review.
[Added 12-15-2016 by L.L.
No. 14-2016]
No permit for the demolition of a residence may be issued except
in accordance with the following:
A.
Where a new residence is proposed, the applicant has received all
permits and approvals, including approval from the ADRB, for the construction
of a new residence on the same property; or
B.
Where no new residence is proposed, the applicant submits a plan
to the Building Department for maintenance of the property, which
shall include removing foundations to a minimum of one foot below
grade, leveling the grades and planting grass, maintaining the grass
cover, and keeping the site in a condition that will not result in
any adverse visual impact from the vantage point of neighboring properties
or any street. The maintenance plan shall be subject to approval by
the Building Department and shall further include commitments by the
owner of the property to: 1) maintain the property from the time of
demolition until the property is redeveloped; 2) safely fill any foundations
or other excavations on the site immediately following demolition;
and 3) post a letter of credit or cash deposit with the Village in
the amount of $10,000 to ensure completion and maintenance of the
landscaping called for under the plan. The letter/deposit shall be
given to the Village prior to issuance of the demolition permit and
shall be held by the Village for three months after completion of
all landscaping is complete, as determined by the Building Department,
after which time the letter/deposit shall be released. A maintenance
plan created pursuant to this section shall constitute a Type II Action
for purposes of SEQRA, provided such plan does not include the creation
of impervious lot coverage, retaining walls, or the removal of two
or more trees.
C.
In the event that the Village determines a property is not or has
not been maintained in accordance with an approved maintenance plan,
it shall mail a notice to the property owner directing that the condition
be remedied. If no remedial action is taken by the property owner
within 30 days after mailing of the notice, the Village may enter
upon the property and perform such basic maintenance as is necessary
and shall charge the cost of such work, plus any incidental costs
or expenses, to the property owner. Reimbursement for the above-referenced
costs and expenses shall first be drawn from the letter of credit
or deposit held by the Village. After the letter/deposit has been
released, or is exhausted, the costs and expenses shall be charged
directly to the property owner(s) and shall be reduced to a lien against
the property if left unpaid for a period of 30 days after written
demand is mailed to the owner's last known address.
A.
The Board shall disapprove any application referred
to it if the Board finds that the application, if granted, would be
detrimental to the character, property values or development of the
surrounding area or of the village as a whole by reason of any of
the following:
(1)
Excessive similarity of design 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, on
a plot abutting on the same street and within 250 feet of the proposed
site, in respect to one or more of the following features of exterior
design and appearance: apparently identical facade; substantially
identical features, such as, but not limited to, doors, windows, porticos
or other openings or breaks in the facade facing the street, including
reverse arrangement; or other significant identical features, such
as, but not limited to, construction material, roof line and height
or other design elements, provided that a finding of excessive similarity
of design shall include not only that such similarity exists but also
that it is of such a nature as to produce harmful effects.
(2)
Excessive dissimilarity of design or inappropriateness
of design or of site plan in relation to any other building or structure
existing or for which a permit has been issued, or to any other building
or structure included in the same permit application, on a plot abutting
on the same street and within 250 feet of the proposed site, or inappropriateness
or excessive dissimilarity of design in relation to the characteristics
of building design generally prevailing in the village, in respect
to one or more of the following features: cubical contents; gross
floor area; height of building or height of roof; other significant
design features, such as, but not limited to, construction material
or quality or architectural design; or yard dimensions, provided that
a finding of excessive dissimilarity or inappropriateness of design
shall include not only that such dissimilarity or inappropriateness
exists but also visual offensiveness, inappropriateness, inconsistency
of design or other poor qualities of exterior design, including considerations
of the harmony or discord of colors or materials or incompatibility
of the proposed building or 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 building or structure from
the grade of the terrain that are of such a nature as to produce harmful
effects.
(3)
A finding that the building or structure for which
the permit was requested, if erected or altered in accordance with
the submitted plan, would not be in harmony with the purpose of this
chapter; would be visually offensive or inappropriate by reason of
poor quality of exterior design or inappropriateness of design of
site plan in relation to any other building or structure; would mar
the appearance of the area; would impair the use, enjoyment and desirability
or reduce the values of properties in the area; would be detrimental
to the character of the neighborhood; would prevent the most appropriate
development and utilization of the site or of adjacent lands; or would
adversely affect the functioning economic stability, prosperity, health,
safety and general welfare of the entire community.
B.
In disapproving any application, the Board may specify
modifications in the design of the buildings or structures or any
of them or in requirements as to yard dimensions that will be adequate
to render the same acceptable under the provisions of this chapter.
C.
In approving any application, the Board may impose
appropriate conditions and safeguards designed to prevent harmful
effects.
The Building Official shall only issue a building
permit for which the application has been approved by the Board. If
the Board approves an application or if, within 90 days after the
date on which an application has been duly filed, or within such longer
period as may have been consented to by the applicant, the Board has
not disapproved same, the Building Official shall issue the permit
applied for if the same conforms to the provisions of all other applicable
laws and ordinances.
A.
With the purpose of encouraging the most appropriate use of land throughout the village, the Board may vary the minimum floor area requirements set forth in Chapter 200, Zoning, as amended, so as to reduce said requirements by not more than 10% if, by reason of greater lot frontages or areas or side yard widths or less percentage of lot coverage by building area than are specified by said Zoning Law, or by reason of the provision of public or common open space as a part of the development or exceptionally skillful lot arrangement and site design, the result of said variation will be in harmony with the character of the neighborhood.
B.
With the purpose of achieving the most appropriate
design in furtherance of the purposes of this chapter, the Board,
in passing on any application before it, may modify the requirements
of said Zoning Law so as to permit minor encroachments on required
yards by railings, bays, chimneys or other architectural details or
so as to permit minor variations with respect to the location of accessory
buildings or structures, provided that no accessory building or structure
shall in any case be permitted to encroach on any front or side yard.
C.
The Board may permit in a C or an I District an additional number of signs or signs of different dimensions or locations or the illumination of signs, as provided in § 200-43, when the same shall be appropriate to the architectural design of the building and the site plan of the plot on which the same is situated, provided that the total of the areas of all signs, including those for which such a permit is authorized, shall not exceed the total of the areas authorized by said § 200-43. In authorizing a permit for the erection of any such sign, the Board shall fix the location and size thereof, shall specify the method and intensity of any illumination thereof and shall also specify the purpose for which any such sign shall be erected.
[Added 7-16-1992 by L.L. No. 3-1992]
Every subdivision plat filed with the Planning
Commission shall be referred to the Board within 30 days after the
date on which the same was fully filed, and the Board shall, within
90 days after said date of filing, report its recommendations thereon,
if any, to the Planning Commission. In considering any such plat,
the Board may require the proposed developer of the land covered by
the plat to submit a plan of proposed building development, including
drawings showing the designs of the exterior appearance of all proposed
buildings and structures.
Any person aggrieved by any action of the Board
or of the Building Official may appeal therefrom to the Board of Appeals
of the village in the same manner as is provided for zoning appeals.
The Board of Appeals shall proceed in the same manner as is provided
for zoning appeals and with the same power and authority vested in
said Board of Appeals when passing upon appeals before it under the
provisions of the Village Law. The Board of Appeals may reverse, modify
or affirm the action of the Board or of the Building Official.
This chapter shall supplement the provisions of § 4-412 and Article 7 of the Village Law of the State of New York, as amended, and shall modify the provisions of Chapter 200, Zoning, of the Code of the Village of Garden City, as amended, to the extent that such provisions conflict with or are contrary to the provisions of this chapter.
[Added 5-3-2002 by L.L. No. 1-2002; 7-21-2011 by L.L. No.
2-2011]
Every application hereunder shall be acccompanied by a fee payable
to the Village in such amount as determined, from time to time, by
resolution of the Board of Trustees.
[Added 7-21-2011 by L.L. No. 2-2011]
Approval shall automatically terminate one year after the same
is granted by the Board, unless a building permit has been issued
and there is a physical evidence to demonstrate that substantial construction
has taken place. Upon application to the Board, approval may be extended
for an additional one-year period, upon a showing that the conditions
existing at the time of the approval have not changed and that substantial
steps to commence the project have been lawfully undertaken and an
additional fee has been paid to the Village in such amount as determined,
from time to time, by resolution of the Board of Trustees.
[Added 12-15-2016 by L.L.
No. 14-2016]
A.
Every applicant granted approval for a demolition permit pursuant to § 57-5.1 shall mail written notice of demolition to the owner(s) of each property within the notification area defined in § 57-14B. No permit for demolition shall be issued until 10 days after mailing of such notice and submission of proof of mailing to the Building Department.
B.
The written notice set forth in § 57-14A shall be mailed to the record owner(s) of each property which shares a common boundary line with the subject property as well as the owner(s) of all properties located directly across the street from any portion of the front or side yards of the subject property.
