[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:
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.
Any erection of, addition to or structural alteration in any structure or building where the estimated cost is more than $10,000. The installation of residential solar panels laid out in a uniform pattern, either all horizontally or all vertically on all areas of the roof, is excluded from this definition. The estimated cost is calculated in the same manner as the fee for a building permit application under § A347-2, Fee and estimated cost schedule.
[Amended 12-11-2023 by L.L. No. 21-2023, effective 12-29-2023]
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.
A.
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. The applicant must comply with the notification requirements set forth in Chapter 372 of this Code (Land Use Application Notice Requirements).
[Amended 9-12-2023 by L.L. No. 15-2023, effective 9-21-2023]
B.
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.
C.
For
the purpose of this chapter, all signs, as described in the Sign Ordinance,[1] 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.
D.
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.
A.
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:
(1)
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.
(a)
Apparently identical facade.
(b)
Substantially identical size and arrangement of either doors, windows,
porticos or other openings or breaks in the facade facing the street,
including reverse arrangement.
(c)
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.
(2)
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:
B.
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.
A.
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.
B.
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,[1] 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.
