[Added 12-4-1996 by L.L. No. 11-1996]
A.
It is the purpose of this article to preserve and
promote the character, appearances and aesthetics of the Village,
and to conserve the property values of the Village by providing procedures
for an architectural review of certain structures henceforth erected,
reconstructed or altered in the Village, and thereby to encourage
sound qualities of exterior building design, to prevent such design
and appearances as are unnecessarily offensive to visual sensibilities
and to preserve the character of historic sites and structures within
the Village.
B.
The Village Board 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 appearances 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.
The Planning Board of the Village of Fishkill
is hereby designated as the Architectural Review Board. All members
of the Planning Board shall also be members of the Architectural Review
Board. The terms of office for both Boards shall run concurrently.
All appointees to the Planning Board of the Village of Fishkill shall
be deemed to be concurrently and simultaneously appointed to the Architectural
Review Board. All meetings of the Planning Board shall be deemed to
be meetings of the Architectural Review Board.
A.
The time frame and procedures for the review of applications for approval by the Architectural Review Board shall be the same as those established for the review of site plan application by the Planning Board, as set forth in § 171-82A of this chapter. Notwithstanding the sentence immediately above, the Architectural Review Board may waive the holding of a public hearing when the Architectural Review Board determines that the application is minor in nature.
[Amended 2-11-2002 by L.L. No. 2-2002]
B.
All applications to the Planning Board shall be deemed
to be applications to the Architectural Review Board, and the approval
of the Planning Board shall be deemed to be the approval of the Architectural
Review Board.
A.
Criteria for decisions regarding the issuance of certificates of appropriateness are set forth in § 171-79.5 of this chapter.
B.
Grounds for approval of site plans. The Board may
approve any application referred to it upon finding that the building
or structure for which approval was requested, if erected or altered
in accordance with the submitted plan:
(1)
Would be in harmony with the purpose of this article;
(2)
Would not be visually offensive or inappropriate by
reason of poor quality of exterior design;
(3)
Would not have monotonous similarity or striking visual
discord in relation to the site or surroundings;
(4)
Would not mar the appearance of the area;
(5)
Would not impair the use, enjoyment and desirability
and reduce the values of properties in the area;
(6)
Would not be detrimental to the character of the neighborhood;
(7)
Would not prevent the most appropriate development
and utilization of the site or of adjacent lands; and
(8)
Would not adversely affect the functioning, economic
stability, prosperity, health, safety and general welfare of the community.
C.
Grounds for disapproval of site plans. The Board may
disapprove any application, provided that the Board has afforded the
applicant an opportunity to confer upon suggestions for change of
the plan, and provided that the Board finds and states that the structure
for which approval was requested would, if erected or altered as proposed,
provoke harmful effects to the community by reason of:
(1)
Either monotonous similarity or striking dissimilarity,
visual discord or inappropriateness with respect to any other structure
or structures located or proposed to be located on the same street
or a corner thereof with respect to one or more of the following features
of exterior design and appearance:
(a)
Facade, disregarding color;
(b)
Size and arrangement of either doors, windows,
porticos, porches or garages or other openings or breaks or extensions
in the facade; or
(c)
Other significant design features, such as but
not limited to heights, widths and lengths of elements of the building
design, exterior materials and treatments, roof structures, exposed
mechanical equipment, service and storage areas, retaining walls,
landscaping, signs, light posts, parking areas, fences, service and
loading areas and setbacks from street lines; and/or
(2)
Visual offensiveness or other poor qualities of exterior
design, including considerations of the harmony or discord of colors,
or incompatibility of the proposed structure with the terrain on which
it is to be located, including but not limited to excessive divergences
of the height or levels of any part of the structure from the grade
of the terrain.
Any applicant aggrieved by the decision of the Architectural Review Board shall have the right to appeal such decision in accordance with § 171-6 of this chapter regarding appeals from Planning Board decisions.
