[Added 9-15-1952; amended 10-21-1987 by L.L. No. 10-1987; 8-17-1988 by L.L. No. 2-1988; 2-14-1994 by L.L. No.
4-1994; 4-14-1994 by L.L. No. 6-1994; 4-8-1997 by L.L. No. 3-1997; 3-9-1998 by L.L. No. 2-1998; 9-20-2007 by L.L. No. 5-2007; 11-27-2007 by L.L. No. 8-2007; 9-22-2008 by L.L. No. 4-2008; 2-10-2014 by L.L. No. 2-2014; 6-20-2017 by L.L. No. 3-2017; 11-20-2017 by L.L. No. 6-2017]
A.
It is the purpose of this article to preserve and promote the character,
appearance, and aesthetics of the Village and to conserve the property
values of the Village by providing procedures for an architectural
and preliminary site review of the exterior of proposed new construction
and of certain proposed alterations, additions, and reconstruction
where such alterations, additions, or reconstruction effect a significant
change in the exterior appearance of a building and, by doing so,
to:
(1)
Encourage good qualities of exterior building design and appearance
and to relate such design and appearance to the site and neighboring
properties.
(2)
Preserve the prevailing aesthetic character of the neighborhood and
the Village as a whole, and to enhance the same by means of complementary
buildings.
(3)
Permit originality and resourcefulness in building designs that are
appropriate to the site and the neighboring properties.
(4)
Promote and encourage good qualities of architectural design and
utilization of land in the erection and reconstruction of new buildings
and the exterior refurbishing, reconstruction, and alteration of existing
buildings.
(5)
Assure that the design and location of any proposed building and
the addition, alteration, or reconstruction of any existing building
are in harmony with the existing topography of its site, any buildings
to remain on the site, and the neighboring properties.
(6)
Assure that the development of the site, by grading, hardscape, and
landscaping will be in harmony with the existing topography of its
site, any buildings to remain on the site, and the neighboring properties.
(7)
Discourage and prevent such design, grading, hardscape, landscaping,
or insufficient landscaping that would adversely affect or cause the
diminution in value of neighboring property, whether improved or unimproved.
(8)
Prevent such designs and appearances that would be unnecessarily
offensive to visual sensibilities and that would impair the use, enjoyment,
value, or desirability of neighboring properties and/or the health,
safety, and general welfare of the Village at large.
B.
The Board of Trustees hereby finds that:
(1)
Buildings that are visually offensive or inappropriate by reason
of poor exterior design, monotonous similarity, or striking visual
discord or dissimilarity in relation to their site or neighboring
properties would mar the appearances of their areas and would adversely
affect the desirability of the neighboring properties and the Village
as a whole; and
(2)
Such buildings would discourage and prevent the most appropriate
development and utilization of the neighboring properties and the
Village as a whole; and
(3)
Such buildings would impair the use, enjoyment, and desirability
and stability of both improved and unimproved neighboring properties
and would be detrimental to the character of neighboring properties,
produce degeneration of the value of real property with attendant
deterioration of conditions affecting the functioning, economic stability,
prosperity, health, safety, and morals of the inhabitants of the Village
and destroy a proper relationship between the taxable value of real
property and the cost of municipal services provided therefor.
(4)
That inappropriate grading and hardscape, landscaping, and insufficient
landscaping, can impair the use, enjoyment, desirability, and stability
of both improved and unimproved property and are detrimental to the
character of neighborhoods, produce degeneration of the value of real
property with attendant deterioration of conditions affecting the
functioning, economic stability, prosperity, health, safety, and morals
of the inhabitants of the Village and destroy a proper relationship
between the taxable value of real property and the cost of municipal
services provided therefor.
C.
It is the purpose of this article to prevent these and other harmful
effects and thus to promote the health, safety, morals, and general
welfare of the Village.
A.
There is hereby created an Architectural and Preliminary Site Review
Board, sometimes hereinafter referred to as the "ARB," consisting
of five members to be appointed for terms of one year by the Board
of Trustees, by resolution. At least one such member shall be either
a member of the Board of Trustees or the Planning Board.
B.
The Chairman of the ARB shall be appointed by the Board of Trustees.
C.
The Board of Trustees shall have the power, by a majority vote of
its members, to remove any member of the ARB with or without cause
prior to the expiration of his or her term. Vacancies shall be filled
for the unexpired term of any member whose place has become vacant.
D.
The ARB shall have the power to appoint a Secretary to the ARB. The
Secretary shall review the applications to the ARB, meet and communicate
with applicants to assure that applications are complete and accurate,
coordinate meetings, prepare agendas, send notices and other communications
on behalf of the ARB, attend and take minutes at all ARB meetings,
maintain the files of the ARB, and perform such other similar services
as may be required by the ARB.
E.
The Board
of Trustees may appoint not more than three residents of the Village
as alternate members of the ARB.
[Added 1-19-2023 by L.L. No. 1-2023]
(1)
The
terms of office of each of said members shall be two official years.
If an appointment is made during an official year, such term shall
end at the end of the following official year.
(2)
The
chairperson of the ARB may designate an alternate member to substitute
for a member when such member is unable to attend a meeting or to
participate in an application because of a conflict of interest or
otherwise.
(3)
When
so designated, the alternate member shall possess all the powers and
responsibilities of such member.
(4)
Such
designation shall be entered into the minutes of the initial meeting
at which the substitution is made.
A.
Meetings of the ARB shall be held approximately on a monthly basis
at the call of the Chairman of the ARB and at such other times as
the Chairman shall determine. The meetings of the ARB shall be open
to the public. A majority of the members of the ARB shall constitute
a quorum for the transaction of business.
B.
Any plan approved by the ARB shall bear the signed seal of the architect
or engineer who submitted it and shall bear the legend "Approved by
Architectural and Preliminary Site Review Board, Village of Kings
Point," with the date of approval and the signature of at least one
ARB member. The Secretary of the ARB 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.
C.
The ARB shall have power, from time to time, to adopt, amend, and repeal rules and regulations, not inconsistent with law or the provisions of this article, governing its procedure and the transaction of its business and for the purpose of carrying into effect the standards enumerated in § 161-55. Every rule or regulation, every amendment or repeal thereof, and every order, requirement, decision, or determination of the ARB shall be filed with the Secretary of the ARB.
A.
Prior to the issuance of a building permit for the work described in either Subsection A(1), (2), or (3) below, the applicant shall file with the Secretary of the ARB an application for architectural and preliminary site approval of the plans for the proposed work.
[Amended 12-15-2021 by L.L. No. 2-2022]
(1)
Construction of a new building.
(2)
The alteration, addition to, or reconstruction of an existing building
that would effect a significant change in the exterior appearance
of a building. A change is deemed significant if the change in the
facade involves an area equal to or in excess of 20% of the surface
area of the wall or walls forming part of that facade as it exists
prior to the commencement of any work or if the change in any one
or more exterior walls in the building involves a surface area equal
to or in excess of 10% of the surface area of all exterior walls of
the building prior to the commencement of any work.
(3)
The
alteration or replacement of a roof, in whole or in part, that would
effect a significant change in the color, material, or other external
appearance of the roof.
B.
BUILDING
HARDSCAPE
Definitions. The following words shall, for the purposes of this
article, have the meanings herein indicated:
Includes such buildings that otherwise would not fall within the definition of "building" set forth in § 161-3, and which may be accessory to the principal building on the site, may be open or closed, and may not be adapted to permanent or continuous occupancy, such as, but not limited to, pergolas, gazebos, and trellises.
Includes all fencing, pools and their appurtenant equipment,
tennis courts, air-conditioning machinery, electric generators, patios,
pergolas, gazebos, trellises, walkways, driveways, and all other equipment,
structures, and impervious surfaces.
C.
The application and plans submitted shall include architectural renderings
accurately depicting the proposed building, topography, landscaping,
and hardscape of the site, the identity of all materials and colors
which will be incorporated in exterior surfaces of the building, site
plan, elevations, and such additional information, such as, but not
limited to, sight-line studies and models, as the ARB shall deem appropriate
from time to time or for that particular application.
D.
In addition to any other requirements established by the ARB for
final approval of such plans, the following items shall be submitted
to the ARB at least seven days prior to its next regularly scheduled
meeting:
(1)
Final revised plans, containing the signed seal of an architect or
engineer, licensed by the State of New York, and, printed upon or
appended thereto, the agreed upon specifications in regard to building
materials and other materials pertinent to the exterior design of
the structure.
(2)
Said plans must show all elevations of new structure or buildings
and, in the case of reconstruction, alterations, or additions, must
show all affected elevations.
(3)
A proposed landscape plan, which shall include all trees, shrubs,
lighting, and hardscape. Final approval of a landscape plan may be
adjourned in whole or in part until after all or a substantial portion
of the proposed new construction has been completed.
(4)
The ARB may, in applications it deems appropriate, waive one or more of the requirements of Subsection D(1), (2), or (3) of this subsection, taking into consideration the nature and extent of the construction proposed, its location, and the undue hardship the applicant may suffer by strict compliance with those requirements.
E.
No building permit shall be issued for the construction, alteration,
addition, or reconstruction of a building or structure which is subject
to the provisions of this section unless the plans therefor shall
have been approved by a vote of at least a majority of the members
of the ARB and said approval is still in full force and effect.
F.
Final approved plans, materials, colors, and other specifications
may not be substantially altered, as determined by the Building Inspector,
without the express prior approval of the ARB. Any requested changes
must be submitted for review at least seven days prior to the next
regularly scheduled meeting of the ARB, and no construction work involving
such changes shall be commenced or continued unless and until the
ARB approves such changes. In the event that this section is violated,
the Building Inspector shall order all work to be halted and, if necessary,
revoke the building permit unless and until such changes are approved
by the ARB. As with any other violation of this code, the Board of
Trustees may commence a court proceeding to enjoin a violation of
this section. If the Village is successful in whole or in part in
such proceeding, the Village shall be entitled to recover from the
defendants all of its costs and expenses in such litigation, including,
but not limited to, the fees of its attorneys, engineers, and other
expert witnesses.
G.
Notwithstanding anything to the contrary herein, any application for a building permit for work described in Subsection A(1) or (2) of this section that involves a landmark, landmark site, or historic district shall be referred to the Landmarks Preservation Commission, which shall act as, and in lieu of, and adopt the same procedure as the ARB, with regard to such application, including the right of an aggrieved applicant to appeal to the Board of Zoning and Appeals in accordance with § 161-56.
A.
In considering an application, the ARB shall take into account natural
features of the site and surroundings, exterior design and appearances
of existing buildings, and the character of the neighborhood and its
peculiar suitability for particular purposes, with a view to conserving
the value of property and encouraging the most appropriate use of
land.
B.
The ARB may approve any application to it upon finding that the building
or the portion thereof for which the permit was requested, if constructed,
reconstructed, or altered in accordance with the submitted plan, would
be in harmony with the purpose of this article, would not be visually
offensive or inappropriate by reason of poor quality of exterior design,
monotonous similarity or striking visual discord in relation to the
site or neighboring properties, would not mar the appearance of the
area, would not impair the use, enjoyment, and desirability, or reduce
the value of neighboring properties, would not be detrimental to the
character of the neighborhood, would not prevent the most appropriate
utilization of the site or of adjacent land, and would not adversely
affect the functioning, economic stability, prosperity, health, safety,
and general welfare of the Village as a whole.
C.
In approving any application, the ARB may impose appropriate conditions and safeguards designed to prevent the harmful effects set forth in § 161-51 as to the exterior design, bulk, materials, and colors, the heights and setbacks, the elevations, and the landscaping and hardscape, as to the principal building, all accessory buildings, and the distances between them, terraces, walls, and other structures, and other impervious coverages.
[Amended 12-15-2021 by L.L. No. 2-2022]
D.
The ARB may disapprove any application, provided that the ARB has afforded the applicant an opportunity to confer upon suggestions for changes, and provided that the ARB finds and states that the principal building, accessory buildings, walls, other structures, or hardscape, for which the permit was requested, would, if constructed, reconstructed, or altered as indicated, provoke one or more of the harmful effects set forth in § 161-51 hereof by reason of:
[Amended 12-15-2021 by L.L. No. 22-2022]
(1)
Monotonous similarity to any other building located or proposed to
be located within 2,000 feet, or too many other buildings within the
Village.
(2)
A negative striking dissimilarity, visual discord, or inappropriateness
with respect to other buildings located or proposed to be located
within 2,000 feet.
(3)
Visual offensiveness or other poor qualities of exterior design,
including but not limited to:
(a)
Excessive divergences of the bulk, height, or levels of any
part of the building from the existing or proposed grades of the terrain;
(b)
The proximity of the buildings to each other (the main building
and the accessory buildings), to the extent that it exaggerates the
bulk of the buildings;
(c)
A lack of harmony or a discord of color;
(d)
An incompatibility of the proposed building, refurbishing, reconstruction,
alteration, or addition with the terrain on which it is to be located;
(e)
A lack of appropriate landscaping to mitigate any adverse impacts
from the building, accessory buildings, walls, or other structures
or hardscape;
(f)
The failure of the exterior design to complement and enhance
the natural beauty of its site in regard to landscape, topography,
surrounding buildings, and the scenic character of roadways when visible
from said surrounding buildings and roadways;
(g)
From light caused by exterior lighting or interior lighting
emanating through windows, skylights, and/or glass walls and roofs;
(h)
Insufficient fenestration to avoid monotony of any façade;
(i)
Insufficient changes in the plane, detailing, setbacks of windows
or doors, or other modifications to avoid monotony of any façade;
or
(j)
Insufficient diversity of colors, textures, or materials to avoid
monotony of any façade.
(4)
Insufficient
lighting in a front yard when appropriate for public safety reasons.
Any applicant or other person aggrieved by the action of the
ARB approving, approving with modifications, or disapproving an application
and/or the grant or denial of a building permit may request, within
30 days of the filing of the minutes of the ARB, that the ARB make
formal findings of fact. In the event of such a request, the ARB shall
make such findings of fact within 30 days after the request is filed
with the Secretary of the Board. The applicant or other person aggrieved
by the action of the ARB may appeal to the Board of Zoning and Appeals,
in accordance with its rules, within 30 days after the filing with
the Secretary of the Board of the formal findings of fact of the ARB.
Upon filing an application with the ARB, the applicant shall
pay to the Village a fee as shall be established from time to time
by resolution of the Board of Trustees.
[Amended 10-22-2020 by L.L. No. 10-2020]
A.
Except as provided in Subsection B hereof, every approval granted by the ARB pursuant to the provisions of this article shall lapse and be of no further force or effect unless within three years after the meeting in which said approval is granted substantial construction has been completed.
B.
The ARB, for good cause shown, or upon a showing of no change in
law or facts upon which the ARB would then come to a different conclusion
with regard to the subject application, may extend the time within
which such substantial construction must be completed, upon written
application to it for such extension. In no event, however, shall
the ARB grant an extension for more than three years beyond the original
period hereinabove provided. In determining whether good cause exists
for such extension, the ARB shall consider, among other things, the
nature and extent of the construction and the difficulties tending
to delay construction.
A.
It shall be unlawful for anyone to substantially change the facade,
including but not limited to the roof, doors, windows, and other architectural
details, in color, material, or design, of any structure, without
the ARB's prior approval.
[Amended 6-19-2023 by L.L. No. 3-2023]
(1)
The determination as to whether such a change is substantial shall
be made by the Superintendent of the Building Department (the "Superintendent").
(2)
Any property owner who is aggrieved by the determination of the Superintendent
may appeal to the Board of Trustees within 30 days of the determination
of the Superintendent.
B.
It shall be unlawful for anyone to substantially change any hardscape
after such hardscape has been approved by the ARB, without the ARB's
prior approval.
C.
It shall be unlawful for anyone to fail to maintain and, to the extent
as may be necessary, as determined by the Building Inspector, to replant
any landscape in accordance with any landscape plan that has been
approved by the ARB, for so long as the structure continues to stand
for which such landscaping was imposed, without the ARB's prior approval.
D.
It shall be unlawful for anyone to fail to adhere to the conditions
imposed by the ARB, for so long as the structure continues to stand
for which such conditions were imposed, without the ARB's prior approval.
[Added 6-22-2020 by L.L. No. 1-2020]
A.
Notwithstanding anything to the contrary in § 161-54 and § 161-59, any person who seeks to: (a) construct or to alter, add to, or reconstruct an existing accessory building; (b) make a change to a building or hardscape; (c) fail to maintain or replant any landscaping; or (d) fail to adhere to any condition of the ARB, which would require the ARB's prior approval, believes that such construction, altering, addition, reconstruction, change or failure would not have a significant adverse impact upon (i) the preservation or promotion of the character, appearance, or aesthetics of the Village, or (ii) the neighboring properties, may seek a waiver of the ARB's approval in accordance with the following procedure.
B.
Waiver
procedure.
(1)
Such
person shall file with the Superintendent of the Building Department
such documents as the Superintendent deems necessary to determine
if there is a reasonable basis to granting the waiver.
(2)
If,
in the sole discretion of the Superintendent, there is no reasonable
basis to grant the waiver, the Superintendent shall deny the application.
(3)
If,
in the sole discretion of the Superintendent, there may be a reasonable
basis to grant the waiver, the Superintendent shall notify the Chairman
of the ARB.
(4)
The
Chairman shall then review the documents provided to the Superintendent
and may request any additional documents from the applicant as will
assist in the review of the waiver application.
(5)
If,
in the sole discretion of the Chairman, there is not sufficient reasonable
basis to the waiver, the Chairman shall deny the waiver.
(6)
If,
in the sole discretion of the Chairman, there may be a reasonable
basis to the waiver, the Chairman shall choose two other members of
the ARB to assist in determining the waiver.
(7)
The
Chairman and such other members of the ARB may, in their sole discretion,
then grant the waiver, grant the waiver in part, or deny the waiver,
and, upon any grant, in whole or in part, condition such grant upon
terms they believe will eliminate, reduce, or mitigate any adverse
impact by such grant.
