[Added 3-9-1987 by L.L. No. 1-1987]
A.
It is the purpose of this article to preserve and
promote the character, appearance and aesthetics of the Village and
to conserve the property values of the Village by providing procedures
for an architectural review of the exterior of new construction and
of certain exterior alterations and to existing structures where the
area in square feet of such alteration exceeds 33 1/3% (1/3)
of the total square footage of the structure prior to alteration;
and by so doing to:
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(1)
Encourage good qualities of exterior building design
and good appearances and to relate such design and appearances to
the sites and surroundings of structures.
(2)
Preserve the prevailing aesthetic character of the
neighborhood and countryside and to enhance same by means of complimentary
structures.
(3)
Permit originality and resourcefulness in building
design and appearances which are appropriate to the sites and surroundings.
(4)
Promote and encourage good qualities of architectural
design and utilization of land in the erection and construction of
new structures and the exterior, refurbishing, reconstruction or alteration
of certain existing structures.
(5)
Assure that the design and location of any proposed
structure or the addition, alteration or reconstruction of certain
existing structures is in harmony with the existing topography of
its site and/or the existing structure as well as the neighboring
countryside and existing property.
(6)
Discourage and prevent such design that would adversely
affect or cause the diminution in value of neighboring property, whether
improved or unimproved.
(7)
Prevent such design and appearances as are unnecessarily
offensive to visual sensibilities and which impair the use, enjoyment,
value or desirability of neighboring properties and the health, safety
and general welfare of the community at large.
B.
The Board of Trustees hereby finds that:
(1)
Structures which are visually offensive or inappropriate
by reason of poor exterior design, monotonous similarity or striking
visual discord or dissimilarity in relation to their site or surroundings
would mar the appearances of their areas and would adversely affect
the desirability of the immediate area and neighboring areas.
(2)
Such structures would impair the use, enjoyment and
desirability and stability of both improved and unimproved property
and are detrimental to the character of neighborhoods, produce degeneration
of the values of the real property with attendant deterioration of
conditions affecting the functioning, economic stability, prosperity,
health, safety and morals of the inhabitants of the Village and destroy
a proper relationship between the taxable value of real property and
the cost of municipal services provided therefor.
C.
It is the purpose of this article to prevent these
and other harmful effects and thus to promote the health, safety,
morals and general welfare of the community.
A.
There is hereby created a Committee of Architectural
Review, and the Mayor and Village Trustees shall constitute such Committee.
The Chairman of the Village Planning Board and another member of the
Village Planning Board, selected by a majority of the Village Planning
Board, shall be members of said Committee of Architectural Review,
but with no voting rights or privileges. The Chairman of the Committee
shall be the Mayor of the Village.
B.
Eighteen months after enactment of this article, or
at any time thereafter, the Mayor and the Board of Trustees shall
have the option to resign from the Architectural Review Committee
created hereunder, and the Mayor shall appoint, with the approval
of the Board of Trustees, six new members to said Architectural Review
Committee. The Chairman of such Committee shall be the Mayor or a
member of the Board of Trustees, appointed by the Mayor, with the
approval of the Board of Trustees.
A.
Meetings of the Committee of Architectural Review
shall be held at the same time as Village Board meetings and shall
be subject to the same procedures as a Village Board meeting. The
Village Clerk shall act as Secretary for said Committee.
B.
Approval of any plan or plans shall be accomplished
by the Mayor signing the plans on which the applicant's architect's
signed seal appears, and the notation shall be made on the plan as
an approved plan.
C.
The Committee 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 enumerated herein.
D.
Every rule or regulation, and every amendment or repeal
thereof, and every order, requirement, decision or determination of
the Committee shall be filed in the office of the Village Clerk and
shall be a public record.
A.
Prior to the issuance of a building permit for construction
of any new building or for the exterior alteration or reconstruction
of an existing building or enclosed structure when such alteration
or reconstruction exceeds 33 1/3% (1/3) of the total square footage
of the building or structure prior to alteration, the applicant shall
file with the Committee a complete copy of the plans for the proposed
building or structure.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
B.
When required, such plans shall have attached thereto
any appropriate environmental findings required by state or local
law.
C.
In addition to any other requirements established
by the Committee for final approval of such plans, the following items
shall be submitted to the Committee at least seven days prior to its
next regularly scheduled meeting:
(1)
Final revised plans, signed by the owner and containing
the signed seal of a licensed architect. Printed upon or appended
to this set of plans will be the agreed upon specifications in regard
to building materials and other materials pertinent to the exterior
design of the structure.
(2)
Said plans must show all elevations of new structures
or buildings and, in the case of reconstruction, alterations or additions,
must show all affected elevations.
(3)
An overall plan for proposed landscaping in regard
to the site location of the subject structure or building will be
required if the landscaping causes any alteration of the existing
topography of the land or other environmental features which would
have an adverse impact on neighboring structures or the overall preexisting
appearance of the neighborhood.
D.
No building permit for any building or structure or
alteration thereof, subject to this article, shall be issued unless
it shall first have been approved by a vote of at least a majority
of the voting members of the Committee of Architectural Review.
E.
Final approved maps or plans, materials and specifications
may not be altered in any way without the express written approval
of the Committee. Any requested changes of the approved plans or maps
must be submitted for review at least seven days prior to the next
regularly scheduled meeting of the Committee, and no construction
work involving such changes shall be commenced or continued until
approval of the Committee is granted. The Village Building Inspector
shall, in cases of violation of this procedure, order all work to
be halted and, if necessary, revoke the building permit until such
time that amended plans or maps are approved by the Committee. This
section may also be enforced by the Board of Trustees, acting as such,
by means of injunction. If the Village proceeds by injunction, reasonable
attorneys costs and fees, engineering fees and other expert witness
fees and other court costs and disbursements shall be paid by the
defendant or assessed against said property.
A.
In considering an application, the Committee shall
take into account natural features of the site and surroundings, exterior
design and appearances of existing structures and the character of
the neighborhood and its peculiar suitability for particular purposes,
with a view to conserving the values of property and encouraging the
most appropriate use of the land.
B.
The Committee may approve any application upon finding
that the building or structure for which the permit was requested,
if constructed or erected or reconstructed 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 or monotonous similarity or striking
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 value of properties in the area, would
not be detrimental to the character of the neighborhood, would not
prevent the most appropriate utilization of the site or of adjacent
land and would not adversely affect the functioning, economic stability,
prosperity, health, safety and general welfare of the entire community.
C.
In approving any application, the Committee may impose appropriate conditions and safeguards designed to prevent the harmful effects set forth in § 80-108 hereof.
D.
The Committee may disapprove or deny any application for a permit, provided that the Committee has afforded the applicant an opportunity to confer upon suggestions for change of the plan or map, and provided that the Committee finds that the structure or building for which the permit was requested would, if erected, constructed, reconstructed or altered as indicated, provoke or violate one or more of the harmful effects set forth in § 80-108 hereof, by reason of:
(1)
Monotonous similarity to any other structure or building
located or proposed to be located on the same subdivision in respect
to one or more of the following features of exterior design and appearance:
(a)
Substantially identical facade, disregarding
color;
(b)
Substantially identical size and arrangement
of either doors, windows, porticos, porches or garages or other openings
or breaks or extensions in the facade, including reverse arrangements;
or
(c)
Other substantially identical features, such
as but not limited to setbacks from street lines, heights, widths
and lengths of elements of building design and exterior materials
and treatments.
(2)
Striking dissimilarity, visual discord or inappropriateness
with respect to other structures or buildings located or proposed
to be located in the same subdivision, or located within 500 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:
(a)
Facade, disregarding color;
(b)
Size and arrangement of doors, windows, porticos,
porches or garages or other openings, breaks or extensions in the
facade; or
(c)
Other significant design features, such as but
not limited to heights, widths, 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, fences, services and areas.
(3)
Visual offensiveness or other poor qualities of exterior
design, including but not limited to excessive divergences of the
height or levels of any part of the structure or building from the
grade of terrain, harmony or discord of color or incompatibility of
the proposed structure, building, reconstruction, alteration or addition
with the terrain on which it is located, the failure of the exterior
design to complement and enhance the natural beauty of its site in
regard to landscape, topography, surrounding structures and the scenic
character of roadways when visible from said roadway.
Any applicant aggrieved by the action of the
Committee of Architectural Review in disapproving an application,
and of the denial of a building permit because of such disapproval,
may request, within 30 days of the filing of the disapproval by the
Committee of Architectural Review, that the Committee make formal
findings of fact. In the event of such a request, the Committee shall
make such findings of fact within 30 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 a submission of formal
proof and shall reconsider the application on the basis of such answer.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Prior to any final action being taken by the
Committee, in connection with new construction of a residence building
only, the applicant shall pay a fee in an amount as set from time
to time by resolution of the Board of Trustees to the Village Clerk,
or as such fee is determined by the Village Board of Trustees by resolution
from time to time.
This article shall take effect immediately,
as provided by law.
