[HISTORY: Adopted by the Town Board of the Town of Rye 1-19-1960. Amendments noted where applicable.]
The Town Board hereby 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 and neighboring areas 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
the buildings and encourage the most appropriate use of land within
the unincorporated portion of the Town.
[Amended 11-26-1962]
There is hereby created a Board of Architectural Review which shall consist of seven members who shall serve without compensation. All members of the Board shall be residents of the unincorporated area of the Town of Rye and shall be specifically 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 and sound judgment to judge of the effects of a proposed building upon the desirability, property values and development of surrounding areas. At least one member of such 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, two for the term of two years, two for the term of three years from and after his appointment. Their successors shall be appointed for the 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 Town Board for the unexpired term. The Town Board shall have the power to remove any member of the Board for cause and after public hearing. The Town Board shall designate a Secretary of the Board. 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 30 days of the date of any application for a building permit referred to the Board as required in § 59-3 of this chapter. Four 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 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 this chapter, governing its procedure and the transaction of the business, and for the purpose of carrying into effect the standards outlined in § 59-3 of this chapter. Every rule, regulation, every amendment or repeal thereof, and every order, requirement, decision or determination of the Board shall immediately be filed in the office of the Board, which shall be at the Town Hall, and shall be a public record.
[Amended 11-26-1962, 8-31-1965]
The Building Inspector shall promptly refer to such Board every application for a building permit. Such Board may disapprove any building permit referred to it, provided that such disapproval shall be by the vote of at least four members of such Board, and provided that such Board finds the structure or building for which the permit was applied would, if erected or altered, be so 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 § 59-1 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 facing upon the same street and within 500
feet of the proposed site in any residential district and within 250
feet of the proposed site in any other district other than a residential
district in respect to one or more of the following features or exterior
design and appearance:
(1)
Apparently identical facade.
(2)
Size, material and configuration.
(a)
Size, both in width and height.
(b)
Roof line and slope including considerations as to type such
as gable, hip and projection of overhanging eave.
(c)
Fenestration and openings — both size and arrangement.
(d)
Basic exterior material — such as brick, stone, siding
or shingle. Siding may vary horizontally or vertically. Color will
not be considered a feature.
(e)
Configuration of the front wall; this is, whether wings break
in or out.
(f)
Location of additional masses or features such as chimneys or
other permanent exterior construction attached to the building.
B.
Excessive dissimilarity in relation to any other structures existing
or for which a permit has been issued or to any other structures included
in the same permit application, facing upon the same street, and within
500 feet of the proposed site in any residential district and within
250 feet of the proposed site in any district other than a residential
district in respect to one or more of the following features:
C.
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 § 59-1 hereof and that the finding is not based on personal preference as to taste or choice of architectural style.
D.
Inappropriateness in relation to the established character of other structures in the immediate area or neighboring areas in respect to significant design features such as material or quality or architectural design, provided that a finding of inappropriateness shall state not 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 § 59-1 hereof and that the finding is not based on personal preference as to taste or choice of architectural style.
The Building Inspector shall refuse any building permit application disapproved as provided in § 59-3 hereof. If the Board of Architectural Review shall fail to disapprove any such application referred to it within 30 days of the date of filing such application or if such Board shall approve any such application, the Building Inspector 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 Board of Architectural
Review in disapproving a building permit application and of the Building
Inspector in denying such permit because of such disapproval may take
an appeal therefrom to the Board of Appeals pursuant to § 267
of the Town Law in the same manner as is provided for other zoning
appeals, and such Board of Appeals after proceeding in the same manner
as is provided for other zoning appeals and with the same power and
authority therein vested in passing under appeals before it under
the provisions of law and this chapter and in the exercise thereof
may reverse or affirm or modify and affirm the action of the Board
of Architectural Review and of the Building Inspector.
Upon request of the Planning Board, the Board of Architectural
Review 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.
This chapter shall take effect immediately upon its adoption,
publication and posting as required by law.
