Bayville City Zoning Code
ARTICLE XXIII
Committee of Architectural Review
§ 80-108 Purpose; findings.
[Amended 8-22-2022by L.L. No. 3-2022; 4-28-2025 by L.L. No. 1-2025]
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 to existing structures.
(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.
§ 80-109 Committee created.
[Amended 4-28-2025 by L.L. No. 1-2025]
A.
There is hereby recreated a Committee of Architectural Review which shall have a total of five members and no more than two alternate members, each for a term of one year which shall expire at the end of the Village official year. The Mayor shall appoint the members of the Committee of Architectural Review and the Chairperson thereof, subject to the approval of the Board of Trustees.
B.
Chairperson duties. All meetings of the Committee shall be held at the call of the Chairperson and at such other times as such Committee may determine. The Chairperson of the Committee may designate an alternate member to substitute for a member when any member is unavailable due to disqualification, absence, conflict of interest or other reason deemed appropriate by the Chairperson, and such unavailability prevents a quorum of members of the Committee to be present to conduct the business. When so designated, the alternate member shall possess all the powers and responsibilities of such member of the Board. Such designation shall be entered into the minutes of the Committee meeting at which the substitution is made.
§ 80-110 Meetings; procedures.
[Amended 4-28-2025 by L.L. No. 1-2025]
A.
The chairperson shall preside all meetings of the committee and in his/her absence or recusal, the other members of the committee shall appoint an acting chairperson to preside at the meeting. The Village Clerk, or designee, shall act as Secretary for said Committee.
B.
Approval of any plan or plans shall be confirmed by the Chairperson 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.
§ 80-111 Permit requirements.
[Amended 8-22-2022by L.L. No. 3-2022; 4-28-2025 by L.L. No. 1-2025]
A.
Prior to the issuance of a building permit for construction of any new building or for the exterior alteration or construction of an existing building or enclosed structure the applicant shall file with the Committee a complete copy of elevations and floor plans for the proposed building or structure. No building permit shall be issued for any of the following work without the prior approval of the Committee:
(1)
Construction of a new building.
(2)
The alteration of, addition to, or reconstruction of an existing building or landscaping which would effect a significant change in the exterior appearance of a building or property. A change is deemed significant if:
(a)
The change involves an area equal to or in excess of 15% of the surface area of the wall or walls forming part of all elevations of the building as it exists prior to the commencement of any work and/or as it existed within the past 12 months; or
(b)
As otherwise determined to be significant in the discretion of the Building Inspector and the Chairman of the Committee.
(3)
The term "building," as used herein, shall include all the exterior elements and other exterior attachments to such buildings. The replacement of windows and doors of the same size and style and painted wood, clapboard, or shingle siding or trim and material composed of fiber composite board of the same design pattern shall not be deemed a significant change.
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 regular 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 regarding 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.
§ 80-112 Approvals by Committee; disapprovals.
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.
§ 80-113 Appeals.
[Amended 4-28-2025 by L.L. No. 1-2025]
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 based on such answer. If the application is disapproved after such reconsideration, the applicant may appeal to the Board of Appeals of the Village of Bayville in accordance with its rules within 30 days after the filing in the office of the Village Clerk of the decision of the Committee after reconsideration.
§ 80-114 Fees.
[Amended 8-22-2022by L.L. No. 3-2022; 4-28-2025 by L.L. No. 1-2025]
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.
§ 80-114.1 Penalties for offenses.
[Added 4-28-2025 by L.L. No. 1-2025]
Any person committing an offense against any provision of this chapter shall, upon conviction, be guilty of a violation pursuant to the Penal Law of the State of New York, punishable by a fine not exceeding $500 or by imprisonment for a term not exceeding 15 days, or by both such fine and imprisonment.
§ 80-115 When effective.
This article shall take effect immediately, as provided by law.