[HISTORY: Adopted by the Town Board of the Town of Brighton 1-27-1993. Amendments noted where applicable.]
The Town Board of Brighton finds that excessive uniformity, dissimilarity or inappropriateness or poor quality of design in the exterior appearance of buildings and signs erected and/or altered in any area adversely affects the desirability of the immediate area and neighboring areas for residential and business purposes or other purposes and, by so doing, impairs the benefits of occupancy of existing property in such areas, impairs the stability and value of both improved and unimproved real property in such areas, prevents the most appropriate development and use of such areas, contributes to the degeneration of property in such areas with attendant deterioration of conditions affecting the public welfare of the community and contributes to the diminution of the taxable value of real property in such areas and its ability to support the cost of municipal services provided therefor. It is the purpose of these regulations to prevent these and other harmful effects of such exterior appearance of building erected or altered in any area and thus to promote the public welfare of the community, conserve the value of buildings and encourage the most appropriate use of land within the Town of Brighton.
The Architectural Review Board shall consist of seven (7) members who shall serve without compensation and shall be appointed for terms of three (3) years.
All members of the Architectural Review Board shall be residents of the Town of Brighton and deemed qualified by reason of training or experience in art, architecture, community planning, land development, real estate, landscape architecture or other relevant business or profession, or by reason of civic interest and sound judgment, to determine the effect of a proposed building upon the desirability, property value and development of surrounding areas. At least one (1) member of such Board shall be a professional architect licensed to practice in the State of New York. The members of the Architectural Review Board shall be appointed by the Town Board which shall designate a Chair thereof.
If a vacancy shall occur otherwise than by expiration of term, it shall be filled by the Town Board for the unexpired term. The Town Board shall have the power to remove any member of the Architectural Review Board for cause and after public hearing. The Town Board shall, upon recommendation of the Commissioner of Public Works, designate a member of the Town staff as Secretary to the Architectural Review Board.
All meetings of the Architectural Review Board shall be held at the call of the Chair and at such other times as such Board may determine, but shall be held within thirty-six (36) days of the date of any application for a building permit referred to the Architectural Review Board, by the Building Inspector pursuant to the rules and regulations of the Board or a referral from the Planning Board and as required in § 221-8 of this chapter. Four (4) members of the Architectural Review Board shall constitute a quorum for the transaction of business. All meetings of the Architectural Review Board shall be held at the Town Hall and shall be open to the public. The Architectural Review Board shall keep minutes of its proceedings, showing the vote of each member upon every question or, if absent or failing to vote, indicating such fact, and shall also keep records of its examinations and other official actions.
The Architectural Review Board shall have the power from time to time to adopt, amend and repeal rules and regulations not inconsistent with law or the Comprehensive Development Regulations governing its procedures and the transaction of business and for the purpose of carrying into effect the standards outlined in § 221-8 of this chapter.
Every rule or regulation, every amendment or repeal thereof and every other order, requirement, decision or determination of the Architectural Review Board shall immediately be filed in the office of Building and Planning and the Town Clerk. All decisions shall be a public record.
The Building Inspector shall promptly refer to such Board appropriate application(s) for a building permit when required under this chapter or by the rules and regulations of the Architectural Review Board. Such referrals shall be made only after the Building Inspector shall have determined that the plans and specifications submitted with such application comply in all respects with other ordinances, rules and regulations of the Town of Brighton. The Architectural Review Board may approve, approve conditionally subject to modifications or disapprove or table any building permit referred to it, provided that such disapproval shall be by a unanimous vote where fewer than five (5) members acting upon the matter being voted upon, or by the vote of at least four (4) members of the Architectural Review Board where there is more than four (4) members acting upon the matter being voted upon, and provided that the Architectural Review Board finds the structure or building for which the permit was applied would, if erected or altered, be so detrimental to the desirability, property values or development of surrounding areas as to provide one (1) or more of the harmful effects set forth in § 221-1 hereof by reason of:
Excessive similarity or dissimilarity to any other existing structure or sign, or for which a building permit has been issued within the same area or surrounding neighborhood with respect to one (1) or more of the following features of design and appearance:
All four (4) sides or facades.
The arrangement of either door, windows or other elements making up the facade.
Other significant design features, such as but not limited to material, color, roof line or total height of the structure or sign.
The shape of the structure.
The bulk of the structure measured in gross floor area.
Inappropriateness in relation to the established character of other structures in the immediate area or neighboring areas in respect to significant design features such as materials or quality of architectural design, provided that a finding of inappropriateness shall state not only that such inappropriateness exists, but that it is of such a nature as to be reasonably expected to provoke one (1) or more of the harmful effects set forth in § 221-1 hereof and that the finding is not based on personal preferences as to taste or choice of architectural style.
The Architectural Review Board shall review all applications for signage within the Town and make recommendations to the Planning Board prior to site plan approval. The Architectural Review Board shall be guided by the general regulations found in Chapter 207, Article VI, of the Comprehensive Development Regulations. In addition, the Architectural Review Board shall review and make recommendations to the Planning Board on all aspects of signage for planned institutional development, planned residential development and planned unit development rezoning requests. See Chapter 203.
The Building Inspector shall refuse any building permit application disapproved as provided in § 221-8 hereof. If the Architectural Review Board shall fail to disapprove any such application referred to it within thirty-six (36) days of the hearing date, or if such Board shall approve any such application, the Building Inspector shall forthwith issue the building permit, provided that it conforms in all respects to all other applicable laws and ordinances.
Any person aggrieved by the action of the Architectural Review Board in disapproving or modifying a building permit application, and of the Building Inspector in denying such permit because of such disapproval or modification, may take an appeal therefrom to the Zoning Board of Appeals pursuant to § 267 of the Town Law in the same manner as in provided for other zoning appeals and with the same power and authority therein vested in passing upon appeals before it under the provisions of law and this chapter, and in the exercise thereof, may reverse, affirm or modify and affirm the actions of the Architectural Review Board and of the Building Inspector.
[Amended 7-26-2006 by L.L. No. 8-2006]
Upon request of the Planning Board, the Board of Architectural Review shall consult with and advise the Planning Board with respect to any site plan or demolition review on which it is required to pass under the provisions of law or of the Comprehensive Development Regulations. Upon request of the Zoning Board of Appeals, the Architectural Review Board shall consult with the Zoning Board of Appeals on any matter brought before the Zoning Board of Appeals. And upon request of the Architectural Review Board, the Planning Board and/or the Zoning Board of Appeals shall consult and advise the Architectural Review Board on any matter before the Architectural Review Board.
[Added 6-26-2002 by L.L. No. 4-2002]
All work performed pursuant to the approval of the Architectural Review Board shall be constructed in accordance with all conditions of approval and approved plans.