Blooming Grove City Zoning Code
ARTICLE XIII
Architectural Review Board
§ 235-57 Objectives.
The Town Board hereby finds that excessive uniformity, dissimilarity, inappropriate or poor quality of design in the exterior appearance of buildings or other structures erected or altered can adversely affect the desirability of the immediate and neighboring areas and, by doing so, impair the benefits of occupancy of existing property in such areas, impair the stability in value of both improved and unimproved properties in such areas, prevent the most appropriate development and use of such areas, produce degeneration of property in such areas with attendant deterioration of conditions affecting the health, safety and general welfare of the inhabitants thereof and contribute to the diminution of the taxable value of real property in such areas and their ability to support municipal services provided therefor. It is the purpose of this article to prevent these and other potentially harmful effects resulting from such unattractive exterior appearance of buildings and other structures erected or altered and thus to promote the public health, safety and welfare, to conserve the value of buildings, to encourage the most appropriate use of land and to improve the physical and visual appearance of the Town.
§ 235-58 Organization.
[Added 7-16-2019 by L.L. No. 3-2019]
A.
The Planning Board is hereby designated as the Architectural Review Board for any use requiring a conditional use permit, or site plan approval only. Planning Board and Architectural Review Board terms of office shall run concurrently.
B.
The Town Board is hereby designated as the Architectural Review Board for any use requiring a special use permit. Town Board and Architectural Review Board terms of office shall run concurrently.
§ 235-59 Powers and duties.
In addition to its powers to review and approve or disapprove conditional uses and site plans, the Planning Board shall have the power, acting as the Architectural Review Board, to review and approve or disapprove the following:
A.
Construction or installation of all municipal structures and uses;
B.
All works of art or other objects to be used in a decorative manner to be erected on the property owned, leased or otherwise occupied by the Town;
C.
The construction, reconstruction or exterior modification of any commercial or mixed-use building or structure located in the Town where conditional use or site plan approval only is required;
[Amended 12-27-2005 by L.L. No. 7-2005; 7-16-2019 by L.L. No. 3-2019]
D.
The construction, reconstruction or alteration of a sign; and
E.
New single-family, two-family, or multifamily dwellings in all new residential subdivisions.
[Added 12-27-2005 by L.L. No. 7-2005]
§ 235-60 Standards.
In examining plans or proposals, the Architectural Review Board shall recommend disapproval of any installation or construction which would cause or contribute to one or more of the following harmful effects:
A.
Excessive dissimilarity or inappropriateness in relation to any other structure, existing or for which a permit has been issued, in respect to one or more of the following features: cubical content, gross floor area, building area or height of roof or other significant design features, such as materials or style of architectural design.
B.
Excessive similarity to any other structure existing, or for which a permit has been issued, in respect to one or more of the following features of exterior design and appearance: apparently identical front, side or other elevations visible from the street, substantially identical size and arrangement of either doors, windows, porticoes or other openings or breaks in the elevation facing the street, including reverse arrangement; or other significant identical features of design, such as, but not limited to, material, roof line, height or other design elements.
§ 235-61 Limitations.
A.
The Board shall restrict its considerations to a reasonable and professional review of the proposal and plans, leaving full responsibility for the design and development to the applicant. The Board shall not design or assist in the design of any buildings or structures submitted for recommendations.
B.
The Board's recommendation shall not reflect undue restrictions on new or innovative building types, materials or methods; individual initiative and experimentation are to be encouraged.
§ 235-62 Procedure.
A.
No decision by the Architectural Review Board to approve or deny an application shall be made until after a public hearing. Written notice of said hearing shall be published in the official newspaper and posted at Town Hall, and sent by the applicant, at his expense, by certified mail, return receipt requested, to all known owners of property located within 500 feet of each boundary of the subject property at least five days prior to the date of the hearing. Where Architectural Board approval is required in relation to a new project which also requires site approval, review by the Architectural Review Board can take place simultaneously with the Planning Board's site plan review process or by separate procedure after site plan approval has been obtained.
B.
No building permit shall be issued for any of the buildings or structures listed in § 235-59 until the Architectural Review Board has acted on an application submitted by the property owner or his agent, and no certificate of occupancy shall be issued until the Architectural Review Board has inspected the site and advised the Building Inspector that construction has occurred in conformance with the approved plan.