[HISTORY: Adopted by the Board of Trustees of the Village of Mamaroneck 7-25-1977 BY L.L. No. 12-1977, effective 7-29-1977; amended in its entirety 3-14-2016 by L.L. No. 10-2016, effective 7-5-2016. Subsequent amendments noted where applicable.]
The Board of Trustees of the Village of Mamaroneck finds that certain undesirable effects may arise from an extreme design of buildings or structures. Excessive uniformity of nearby structures and excessive incongruity of a building or structure in proximity with more typical buildings or structures may adversely affect the desirability of a neighborhood by reason of comfort, general welfare of the inhabitants and stability of assessed valuation, and, further, it may so depreciate the immediate vicinity that a disproportion exists between the taxes and the costs of municipal services.
The purpose of this chapter is to promote and protect the health, safety, comfort and general welfare of the community by preventing excessive uniformity and excessive incongruity of design of buildings or structures, to encourage the most appropriate use of the land, to promote the public prosperity and to conserve the value of buildings or structures and property.
As used in this chapter, the following terms shall have the meanings indicated:
- CENTRAL BUSINESS DISTRICT
- All commercial and retail uses on both sides of Mamaroneck Avenue from the New York State Thruway Bridge south to the Boston Post Road and from Richbell Road to Barry Avenue on the Boston Post Road, and shall include all commercial and retail uses within the legal confines of the Village of Mamaroneck.
- CONSTRUCTION AND RECONSTRUCTION
- Any erection of, addition to or structural alteration in any structure or building where the estimated cost is more than $10,000. Estimated cost shall be deemed or computed pursuant to § 126-14 of Article I of Chapter 126, Building Construction, of this Code.
- Includes an assembly of materials forming a construction framed of component structural parts for occupancy or use, including buildings.
[Amended 5-29-2018 by L.L. No. 6-2018, effective 6-7-2018]
There is hereby created a Board of Architectural Review, which shall consist of five members who shall serve without compensation. The Board of Trustees shall appoint the members of the Board and designate the Chairperson. 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 structure upon the desirability, property values and development of surrounding areas. In making appointments, the Board of Trustees will endeavor to ensure that at least one member of the Board is a registered architect in the State of New York. If no member of the Board is a registered architect in the State of New York, the Village Manager may retain a registered architect in the State of New York to advise the Board. The term of office of each member shall be three years. The Board of Trustees may remove any member for cause after a public hearing. Vacancies shall be filled for the unexpired term of any member whose place has become vacant.
[Amended 6-11-2018 by L.L. No. 7-2018, effective 6-19-2018]
Meetings of the Board of Architectural Review shall be held at the call of the Chairman and at such other times as the Board may determine, but shall be held within 18 days of the date of any application for a building permit referred to the Board as required in § 6-6 below. The Chairman or, in his absence, the Acting Chairman may administer oaths and compel the attendance of witnesses. 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 records 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 chapter, governing its procedure and the transaction of its business and for the purpose of carrying into effect the standards outlined in § 6-7 hereof. The rules will provide that the Board of Architectural Review will comply with the requirements of the Open Meetings Law of the State of New York (Public Officers Law § 100 et seq.), even if that law does not apply because the Board is acting in an advisory capacity. Such rules, regulations and amendments thereto shall be approved by the Board of Trustees, and a copy thereof shall be filed in the Clerk-Treasurer's office.
Every application for a permit for the construction or reconstruction, as defined in § 6-3 herein, of any building or structure within the Village of Mamaroneck shall be referred by the Building Inspector to the Board of Architectural Review within five days of the date of the application, provided that it conforms in all respects to all other applicable laws and ordinances.
Every applicant that submits an application to the Building Inspector, which is subsequently referred to the Board of Architectural Review, must post a notification sign on the property which is the subject of said application within three days of acceptance of the application by the Board of Architectural Review and must maintain the posted sign in place until the Board of Architectural Review has rendered its final decision approving or denying said application. The sign shall be erected not more than 10 feet from the front yard boundary of the property that abuts a public road and must be conspicuous to the public. The bottom edge of the sign so erected shall be positioned no less than 2.5 feet and no more than three feet above the ground. If the sign's visibility is obscured by vegetation, the applicant must cut the vegetation to a degree sufficient to maintain clear visibility of the sign from the road. If the front yard of the property does not abut a public road, a sign shall be posted in a location that can readily be seen by the public. A sign erected under this provision must be removed within 10 days after the Board of Architectural Review has rendered its final decision approving or denying said application.
In the event that an application shall be withdrawn or become inactive, the applicant shall remove the sign within five business days of withdrawing the application or of receiving notice from the Board of Architectural Review that the application has been designated inactive. For the purposes of this section, any application which has not appeared on the Board of Architectural Review's agenda for six or more months shall be designated inactive. The Board of Architectural Review shall notify the applicant, in writing, that the application has become inactive and instruct the applicant to remove the sign until such time as the application shall be reactivated. Once the application is reactivated, the sign shall be posted within three days.
Said sign shall be at least 30 inches by 20 inches in size, consist of sturdy and serviceable material containing a white background with black letters and shall read as follows, in legible lettering at least two inches high:
Prior to the commencement of any public hearing or, if no public hearings are required, prior to the rendering of any decision disposing of any application, the applicant shall submit a sworn certification verifying placement and maintenance of the required notice sign. If the certification is not timely submitted, any scheduled public hearings shall be cancelled, subject to rescheduling, and any dispositive action by the Board of Architectural Review shall be deferred until timely certification is submitted. In the event of repeated or continued noncompliance with the sign posting and certification requirements, the application may be dismissed at the discretion of the Board of Architectural Review.
Except as noted herein, all construction or reconstruction in the Central Business District, irrespective of estimated cost, shall be subject to review and approval by the Board of Architectural Review. See § 6-3 for the definition of the geographical limits of the Central Business District.
For the purpose of this chapter, all signs, as described in the Sign Ordinance, shall be subject to review and approval by the Board of Architectural Review, and any appeal or variance therefrom shall be to the Board of Appeals in accordance with the rules and regulations of the procedures set forth.
For the purpose of this chapter, all construction or reconstruction, including signs, shall preferably follow architectural standards involving color, materials and design requirements established for the Central Business District.
The Board of Architectural Review may disapprove any application for a permit referred to it, provided that such disapproval shall be by the majority vote of Board members, and provided that the Board finds that the building or structure for which the permit was applied would, if erected, be so detrimental to the desirability, property value or development of the surrounding area as to provoke one or more of the harmful effects set forth in § 6-1, by reason of:
Excessive similarity 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, 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 size and arrangement of either doors, windows, porticos or other openings or breaks in the facade facing the street, including reverse arrangement.
Other significant identical features, such as but not limited to material, roofline and height or other design elements, provided that a finding of excessive similarity shall state not only that such similarity exists, but, further, that it is of such a nature as to be expected to provide, beyond reasonable doubt, one or more of the harmful effects set forth in § 6-1.
Excessive dissimilarity 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, within 250 feet of the proposed site, in respect to one or more of the following features:
Any finding by the Board of excessive dissimilarity or inappropriateness shall state not only that such dissimilarity or inappropriateness exists, but, further, that it is of such a nature as to be expected to provide, beyond reasonable doubt, one or more of the harmful effects set forth in § 6-1, and that the finding is not based on personal preference as to taste or choice of architectural style.
The Building Inspector shall refuse any permit application disapproved as provided in § 6-7. If the Board of Architectural Review shall approve or fail to act on any permit application referred to it under § 6-6 within 30 days of the date of such application, the Building Inspector shall forthwith issue the permit as applied for.
The Building Inspector shall forthwith issue an order to stop all work of construction or reconstruction if an applicant proceeds with his work after his application has been disapproved by the Board or if the applicant proceeds with his work in a manner not consistent with the conditions or specifications under which the Board approved the plans for the structure or building.
The Board shall, when requested by the Village Board of Trustees, submit an advisory opinion to said Board with respect to the construction or reconstruction of any public building, public monument or any other matters of architectural design referred to it by the Board of Trustees.
Any person aggrieved by the action of the Board of Architectural Review in disapproving a permit application and of the Building Inspector in denying such permit because of such disapproval may take an appeal therefrom to the duly constituted Board of Appeals of the Village of Mamaroneck, in the same manner as is provided for zoning appeals, and such Board of Appeals, after proceeding in the same manner as is provided for zoning appeals and with the same power and authority therein vested in passing upon appeals before it under the provisions of law and the Zoning Ordinance of the Village of Mamaroneck, and in the exercise thereof, may reverse or affirm the action of the Board of Architectural Review and of the Director of Building, Code Enforcement and Land Use Administration.
This chapter shall supersede the provisions of Chapter 126, Building Construction, of the Code of the Village of Mamaroneck, as amended, 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 chapter.