[HISTORY: Adopted by the Board of Trustees of the Village of Elmsford 11-19-1990
by L.L. No. 8-1990. Amendments noted where applicable.]
The Architectural Review Board and Architectural Review Commission shall
preserve and promote the character and appearance of the village so as to
conserve the property values of the village and the attractiveness of the
residential and business areas by providing procedures for an architectural
review of structures henceforth erected, reconstructed or altered in the village,
and thereby to encourage good qualities of exterior building design and appearance,
to relate such design and appearance to the site and surroundings of such
structures, to permit originality and resourcefulness in building design and
appearance which are appropriate to the site and surroundings and to prevent
such design and appearance as are unnecessarily offensive to visual sensibilities.
The Board of Trustees hereby finds that structures which are visually
offensive or inappropriate by reason of poor quality 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 value of properties, are detrimental to the character of neighborhoods
and adversely affect the functioning, economic stability, prosperity, health,
safety and general welfare of the entire community.
There is hereby created an Architectural Review Board (Board) which
shall consist of five members who shall serve without compensation. The Board
shall consist of the Mayor and Board of Trustees.
A.
There is hereby created an Architectural Review Commission
(Commission) which shall consist of five members who shall serve without compensation.
All members of the Commission shall be specifically qualified by reason of
training or experience in architecture, land development, community planning,
real estate, landscape architecture, engineering, building construction or
other relevant business or profession or by reason of civic interest and sound
judgment to judge the effects of a proposed building upon the desirability,
property values and development of surrounding areas. At least one member
shall be a registered architect or professional engineer in the State of New
York.
B.
The members of the Commission shall be appointed by the
Mayor, with the approval of a majority of the Trustees present and voting,
for a term of three years, except that, of the members first appointed, one
shall hold office for a term of one year, two for a term of two years and
two for a term of three years from and after their appointments. The Chairman
shall be appointed by the Mayor for a term of three years.
C.
Members of the Commission shall continue to hold office
until their successors have been appointed.
The Board and Commission 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. Minutes of meetings shall be filed with the Village
Clerk in Village Hall.
Meetings of the Board and Commission shall be called by the Chairman
whenever necessary. The Commission shall hold a meeting within 30 days of
the date of referral of any pending matter by the Architectural Review Board
to the Commission and complete such matter within 60 days thereafter, unless
the Architectural Review Board extends such deadline.
A majority of the entire Board or Commission shall constitute a quorum
for the transaction of business.
A.
Applications for construction of any new buildings or
structure or an addition to or reconstruction, alteration or demolition of
any existing building or structure in such manner as to change the exterior
character and appearance of the building or structure must be approved by
the Architectural Review Board. The Architectural Review Board may refer an
application to the Commission for review and recommendation.
B.
Applications must be accompanied by plans showing all
elevations of new structures and all affected elevations in the case of additions
or alterations.
C.
For all new structures, a site plan with a minimum scale
of one inch equals 20 feet must be submitted, showing the following:
(1)
Property lines, including curblines of adjoining lots.
(2)
Outlines of structures, including walks, driveways, terraces,
decks, walls and fences.
(3)
Existing and proposed contours at two-foot intervals.
(4)
Existing trees and trees to be removed which have a trunk
diameter of four inches or more at a point 54 inches above the ground.
(5)
All proposed plantings.
(6)
The construction, reconstruction or alteration of any
permanent exterior marquee, canopy, security grille, advertising sign or business
sign.
(7)
Grades and elevations of adjacent property and structures
where the Building Inspector, Board or Commission deems this information applicable
to a proper evaluation of the relationship between existing and proposed structures.
(8)
Any other items which the Building Inspector, Board or
Commission deems necessary and/or desirable.
D.
The Building Inspector, Board or Commission may require
submission of all or a portion of the above information as part of the application
for an addition to any existing structure.
The Board and Commission shall take into account natural features of
the site and surroundings, exterior design and appearances of existing structures
and the character of the district and its peculiar suitability for particular
purposes, with a view to conserving the values of property and encouraging
the most appropriate use of land.
The Board may approve, approve with modifications or disapprove an application.
The Commission may recommend approval, approval with modifications or disapproval
of any application. All votes shall be by a majority of the members present
at a meeting.
The Board or Commission shall determine whether 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 surrounding area, would not
be visually offensive or inappropriate by reason of poor quality of exterior
design, would not have monotonous similarity or striking visual discord in
relation to the site or surroundings, would not mar the appearance of the
area, would not impair the use, enjoyment and desirability and reduce the
value of properties in the area, would not be detrimental to the character
of the neighborhood, would not prevent the utilization of the site or of adjacent
lands and would not adversely affect the economic stability, prosperity, health,
safety and general welfare of the entire community.
The Board may approve an application with conditions or disapprove an application, and the Commission may recommend approval with conditions or disapproval of an application, provided that the Board or Commission finds that the structure for which the permit was requested would, if erected or altered as indicated, cause one or more of the harmful effects set forth in §§ 8-2 and 8-11 hereof by reason of:
A.
Monotonous similarity to any other structure or structures
located or proposed to be located on the same street or corner thereof and
within 250 feet of the site of the structure, 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, heights, widths and lengths of elements of the building design
and exterior materials and treatments.
B.
Striking dissimilarity, visual discord or inappropriateness
with respect to other 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,
in respect to one or more of the following features of exterior design and
appearance:
(1)
Facade, disregarding color.
(2)
Size and arrangement of doors, windows, porticoes, porches
or garages or other openings or breaks or extensions in the facade.
(3)
Other significant design features such as, but not limited
to, heights, widths and lengths or elements of design, exterior materials
and treatments, roof structures, exposed mechanical equipment, service and
storage areas, retaining walls, landscaping, signs, light posts, parking areas
and fences and service and loading areas.
C.
Visual offensiveness or other poor qualities of exterior
design, including, with respect to signs, 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.
The Commission shall advise with respect to public buildings and such
other matters as the Board of Trustees, the Architectural Review Board, the
Zoning Board of Appeals and the Planning Commission may refer to it.
The Building Inspector shall refuse any building permit application
unless the Board approves the application or, if approval is subject to conditions,
the applicant accepts, and agrees to comply with, such conditions.
The applicant shall obtain any required variances and other governmental
approvals before requesting approval by the Architectural Review Board.
