[HISTORY: Adopted by the Board of Trustees
of the Village of Larchmont as indicated in article histories. Amendments
noted where applicable.]
[Adopted 4-21-1975 by L.L. No. 4-1975]
A.
It is the purpose of this article to promote the health,
safety, comfort and general welfare of the community and to preserve
and promote the character and appearance and conserve 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 an 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 permit originality 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, monotonous similarity or striking visual discord
in relation to their sites or surroundings, mar the appearance of
their areas, impair the use, enjoyment and desirability and reduce
the values of properties, are detrimental to the characters of neighborhoods,
prevent the most appropriate development and utilization of land and,
therefore, adversely affect the functioning, economic stability, prosperity,
health, safety and general welfare of the entire community.
As used in this article, the following terms
shall have the meanings indicated:
A building permit for the construction, reconstruction, alteration or remodeling of any structure mentioned in § 301-5 hereof.
[Amended 6-3-1985 by L.L. No. 2-1985; 6-7-1993 by L.L. No. 2-1993; 3-6-2000 by L.L. No. 3-2000]
There is hereby created a Board of Architectural
Review which shall consist of five members, who shall serve without
compensation. All members of the Board shall be residents of the village
and shall be specially qualified, by reason of training or experience
in architecture, land development, city planning, real estate, landscape
architecture or other relevant business or profession or by reason
of civic interest and sound judgment, to judge the effects of a proposed
building or alteration or remodeling thereof upon the desirability,
property values and development of surrounding areas, and at least
one member of the Board shall be a registered architect in the State
of New York. The Chairman and other members of the Board shall be
appointed by the Board of Trustees. The term of office of each member
shall be three years. Should any of the members so appointed cease
to be a member prior to the expiration of his/her term, any member
appointed to replace that person shall be appointed to fill his/her
unexpired term. One member of the Board shall act as Secretary and
shall keep or cause to be kept in the Village Hall a complete record
of all meetings of the Board, as well as a record of all transactions
handled by said Board, and shall prepare and file with the Board of
Trustees, on or before June 1 of each year, a complete report of the
business handled by the Board during the preceding year. In his/her
absence, the Village Engineer or his/her designee shall act as Secretary
of the Board.
Meetings of the Board of Architectural Review shall be held at the call of the Chairman and at such other times as the Board shall determine but shall be held within 20 days of the date of any application for a building permit referred to the Board as required in § 301-5. A majority of said Board shall constitute a quorum for the transaction of business. The Board 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 and shall also keep copies of its examinations and other official actions. The Board 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 outlined in § 301-6 hereof.
A.
With the exception of repairs or replacements determined
by the Building Inspector to be nonstructural in-kind repairs or replacements,
each application for a building permit for the construction, reconstruction,
exterior alteration or exterior remodeling of any structure in the
Village shall be referred to the Board of Architectural Review within
10 days of the date of application, provided that it conforms in other
respects to all other applicable laws and regulations.
[Amended 3-13-2023 by L.L. No. 5-2023]
B.
Applications must be accompanied by plans showing
all elevations of new structures and all affected elevations in the
case of additions, alterations or remodeling and such details as to
elements of design, exterior materials and treatments, roof structures,
exposed mechanical equipment, service and storage areas, retaining
walls, landscaping, signs, lightposts, parking areas and fences, service
and loading areas and such other information as the Board of Architectural
Review may require. When required by the Building Inspector or by
the Board of Architectural Review, a site plan shall be submitted
showing both existing and proposed contours at five-foot intervals,
all existing trees with a trunk diameter of four inches or more at
a point three feet above ground level and whether such trees shall
remain or be removed and/or other topographical features. The Board
may also require photographs of all buildings within 250 feet of the
proposed structure, addition, alteration or remodeling.
A.
Approval of any building permit shall be by a vote
of at least a majority of the members of the Board of Architectural
Review.
B.
In considering an application for a permit, the Board
shall take into account natural features of the site and surroundings,
exterior design and appearance of existing structures and the character
of the district and its peculiar suitability for particular purposes,
with a view to conserving the values of and encouraging the most appropriate
use of land.
C.
The Board may approve an 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 article, would
not be visually offensive or inappropriate by reason of poor quality
of exterior design, monotonous similarity or visual discord in relation
to the sites 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 an 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 community.
D.
In approving any application, the Board may impose appropriate conditions and safeguards designed to prevent the harmful effects set forth in § 301-1. Such conditions and safeguards may include screening, planting, fencing or other methods of keeping from view obviously unsightly features of such buildings or structures.
E.
If the Board of Trustees shall adopt an official design
for any portion of any district or districts established by the Zoning
Ordinance,[1] no building or structure shall be approved by the Board
of Architectural Review unless it shall conform to such official design.
F.
The Board may disapprove any application for a permit, provided that the Board has afforded the applicant an opportunity to confer upon suggestions for change of the plans, and provided that the Board finds and states that the building or structure for which the permit was requested would, if erected, altered or remodeled as indicated, provoke one or more of the harmful effects set forth in § 301-1 by reason of:
(1)
In residential zones:
(a)
Monotonous similarity to any other structure
or structures located or proposed to be located on the same street
or a corner thereof and within 250 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:
[1]
Substantially identical facade, disregarding
color.
[2]
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.
[3]
Other substantially identical features, such
as, but not limited to, setbacks from street lines, heights, rooflines,
widths and lengths of elements of the building design and exterior
materials and treatments.
(b)
Visual offensiveness or inappropriateness because
of poor quality of exterior design.
(c)
Visual discord in relation to the site or surroundings.
(d)
Marring the appearance of the area.
(e)
Being detrimental to the character of the immediate
neighborhood.
(f)
Impairing the use, enjoyment or desirability.
(g)
Reducing the values of properties in the area.
(h)
Preventing an appropriate development and utilization
of the site or adjacent lands.
(2)
In retail business and industrial zones:
(a)
Striking dissimilarity, visual discord or inappropriateness
with respect to other business or commercial structures located or
proposed to be located on the same street or a corner thereof, in
respect to one or more of the following features of exterior design
and appearance:
[1]
Facade, including color.
[2]
Size and arrangement of doors, windows, porticoes
or other openings, breaks or extensions in the facade.
[3]
Cubical content and gross floor area.
[4]
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, lightposts, parking areas and fences, service and loading areas.
(b)
Visual offensiveness or other poor qualities
of exterior design, including, with respect to signs, considerations
of the harmony or discord of colors or incompatability 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 of
levels of any part of the structure from the grade of the terrain.
G.
In considering the application to erect, alter or
remodel any gasoline station, the Board, in addition to the powers
herein granted, may impose such limitations on the exterior colors
and materials, signs, lighting and other features as it deems advisable
to carry out the purpose of this article.
If any person files an application for a building
permit to erect one or more buildings or structures in any subdivision
approved by the Planning Commission, the Board of Architectural Review
may require that plans and such other information set forth in this
article, as it deems necessary, for all buildings or structures to
be erected in such subdivision, be presented to it before it approves
any building or structure to be erected in such subdivision.
The Board of Architectural Review shall advise
with respect to the public buildings and such other matters as the
Board of Trustees, the Zoning Board of Appeals and the Planning Commission
may refer to it or as may be granted it pursuant to other local laws
or ordinances.
No building permit shall be issued if the Board of Architectural Review does not approve the application. If the Board of Architectural Review shall fail to approve or disapprove any application referred to it under § 301-5 within 30 days of the date of referral of such application to it, the application shall be deemed to have been approved unless the applicant shall have agreed to an extension of time.
Any applicant 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 request the Board to make formal findings of fact.
In the event of such a request, the Board shall make such findings
of fact within 15 days after the request is filed in the Village Clerk's
office, shall thereafter provide the applicant with an opportunity
to answer the findings by the submission of formal proof and shall
reconsider the application on the basis of such answer. If the application
is disapproved after such reconsideration, the applicant may appeal
directly from such action of the Board of Architectural Review to
the Board of Trustees. Such appeal shall be taken within 30 days after
the decision of the Board of Architectural Review has been filed in
the office of the Village Clerk. If the appeal is dismissed by the
Board of Trustees, the applicant may bring a proceeding to review
in the manner provided by Article 78 of the Civil Practice Law and
Rules in a court of record on the ground that such action is illegal,
in whole or in part. Such proceeding must be commenced within 30 days
after the filing in the office of the Village Clerk of the decision
of the Board of Trustees.
This article shall supersede such provisions
of the Building Code, Zoning Ordinance and Sign Ordinance of the Village
of Larchmont[1] and applicable provisions of the laws of the State of
New York to the extent that they conflict with or are contrary to
the provisions of this article. However, if the Board of Architectural
Review shall be given specific power and duties pursuant to any other
ordinance or local law, the provisions therein shall supersede this
article to the extent that they conflict with or are contrary to the
provisions herein.
[Amended 9-14-1987 by L.L. No. 4-1987]
Any person or corporation, including but not
limited to the owner, lessee, architect or builder or the agent or
employee of any of them, who violates or is accessory to the violation
of any provision of this article or any regulation made under the
authority conferred by this article; or who shall erect, construct,
reconstruct, alter, enlarge, convert or move any building or structure
without a building permit or in violation of any statement or plans
submitted and approved and under the provisions of this article; or
who shall use any building, structure or land in violation of this
article or any regulation made under the authority conferred by this
article or in violation of the provisions of any building permit or
certificate of occupancy, or without a building permit or certificate
of occupancy where one is required by this article, shall be liable,
upon conviction, to a fine of up to $250 or imprisonment for not more
than 15 days, or both, for each offense, and each and every day that
such violation continues shall constitute a separate offense. The
Building Inspector shall serve or mail notice of any violation of
this article to the last known address of the owner of such property
as shown on the official assessment rolls or to the person or corporation
committing or permitting the same. In addition, the Inspector shall
report all violations to the Board of Trustees. Nothing in this article
shall be construed as depriving the village or the Board of Trustees
of any other available remedy, either of a civil or criminal nature,
as provided by law.
The Board of Architectural Review shall hold
a public hearing on every application made to it, notice of which
hearing and the substance of the application shall be given by publication
in the official newspaper of the village at least five days before
the date of such hearing and by such other notice as the Board of
Architectural Review, by duly adopted rule, shall require.
[Adopted 4-24-2000 by L.L. No. 4-2000]
Board of Architectural Review Alternate Members
Act. This article shall apply to the appointment, terms, functions
and powers of alternate members appointed to serve on the Board of
Architectural Review in the Village of Larchmont.
This article is adopted for the purposes of
providing for the appointment of alternate members of the Board of
Architectural Review. Such alternate members are to serve in the event
of absence, disqualification, resignation or conflict of interest
of any regularly appointed member of the Board of Architectural Review.
This article is adopted pursuant to New York Municipal Home Rule Law,
§§ 10 and 22, intending to modify, enlarge and supersede
the provisions of any existing section of law with which it is inconsistent.
As used in this article, the following terms
shall have the meanings indicated:
An individual appointed by the Mayor and approved by the
Village Board of Trustees to serve on the Village Board of Architectural
Review when a regular member is unable to participate on an application
or matter before the Board of Architectural Review, as provided by
this article.
The Board of Architectural Review of the Village of Larchmont as established by the Village Board of Trustees under § 301-3 of this chapter.
An individual appointed by the Mayor and approved by the Village Board of Trustees to serve on the Village Board of Architectural Review pursuant to § 301-3 of this chapter.
The Mayor, subject to the approval of the Board
of Trustees, is hereby authorized to appoint no more than three alternate
members of the Board of Architectural Review. These individuals may
serve when members are absent or unable to participate on an application
or matter before the Board.
Alternate members shall sit as members of the
Board exercising full power as if they were regular members, when
regular members of the Board are unable to attend a meeting or participate
on a matter.
Insofar as practicable, service of the alternate
members shall rotate among them. At no time shall more than two alternate
members serve on any matter. When such an alternate member or members
shall sit as a regular member of the Board, the Secretary of the Board
of Architectural Review shall make an entry in the minutes of the
Board meeting certifying that a regular member or members of the Board
were unable to participate or attend and that the alternate member
or members were sitting as full members of the meeting or matter.
Alternate members of the Board of Architectural
Review for a term of three years.
This article is hereby adopted pursuant to the
provisions of §§ 10 and 22 of the New York Municipal
Home Rule Law. It is the intent of the Village Board of Trustees to
supersede the provisions of any existing law relating to the appointment
of members to the Village Board of Architectural Review to the extent
that this article is contrary to any such law.
