Centre Island Village
City Zoning Code
City Zoning Code
ARTICLE XI
Architectural Review Board
[Added 10-8-1997 by L.L. No. 4-1997; amended 3-14-2001 by L.L. No. 13-2001]
§ 122-35 Legislative intent, policy and findings.
A.
It is the purpose of this article to provide for the preservation and promotion of the character, appearance and aesthetics of the Village and to conserve the property values of the Village by providing procedures for an architectural review and permitting process for the development and renovation of real property within the Village, including without limitation the exterior of new construction, gates, entrance piers, fences, alterations, landscaping (except routine maintenance), lighting and screening, site development, design or construction changes relating to a building's or structure's profile, elevation, footprint, previously submitted plan or permit whether issued or pending and by requiring architectural permits for same accomplishing the following:
(1)
Encourage good qualities of building design and site development, and to relate such design and appearances to the sites and surrounding of structures;
(2)
Preserve the prevailing aesthetic character of the neighborhood and countryside and to maintain the same by means of complementary structures and site enhancements;
(3)
Permit originality and resourcefulness in building design, landscaping, screening 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 existing structures;
(5)
Assure that the design and location of any proposed structure or the addition, alteration or reconstruction of any existing structure is in harmony with the existing topography of its size 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; and
(7)
Prevent such design and appearances as are unnecessarily offensive to visual sensibilities, which impair the use, enjoyment, value or desirability of neighboring properties and the health, safety and general welfare of the community at large.
B.
Findings; purpose.
(1)
The Board of Trustees hereby finds that:
(a)
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;
(b)
Such structures would discourage and prevent the most appropriate development and utilization of land throughout the Village; and
(c)
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 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.
(2)
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.
§ 122-36 Creation of Board of Architectural Review.
A.
There is hereby created a Board of Architectural Review, consisting of five members, to be appointed for terms of one year by the Board of Trustees, by resolution. One member may be a member of the Board of Trustees. At least one member shall also be a resident of the A-2 Zone. The Village Board of Trustees may establish two alternate Architectural Review Board member positions for purposes of substituting for a member in the event such member is unable to participate because of a conflict of interest or is otherwise absent. Alternate members of the Architectural Review Board shall be appointed by the Mayor, subject to the approval of the Board of Trustees, for a one year term.
[Amended 9-14-2016 by L.L. No. 4-2016]
B.
The Chairman of the Board shall be appointed by the Board of Trustees.
C.
The Board of Trustees (including the Mayor) shall have the power, by a majority vote of its members, including the Mayor, to remove any member of the Board of Architectural Review, with or without cause, prior to the expiration of his term. Vacancies shall be filled for the unexpired term of any member whose place has become vacant.
§ 122-37 Procedures of Architectural Review Board.
A.
Meetings of the Architectural Review Board (ARB) shall be held on a monthly schedule, or at the call of the Chairman. The meetings of this Board shall be open to the public. The Village Clerk shall give written notice of the first meeting of the Board at which plans for building or changes to a site shall be considered, to all owners of property within 100 feet of all property lines of such site by mailing written notice addressed to such property owners at least seven days prior to the date of such meeting. A majority of the members of the Board shall constitute a quorum for the transaction of business. Approval of any plan(s) shall be done by at least three members signing the plans on which the architect's seal appears, and the notation shall be made on the plan: "Approved Plan." The Board shall keep minutes of its proceedings, showing the vote of each member on each question or, if absent, or failing to vote, indicating such fact, and shall also keep records of its examinations and other official actions.
B.
The Architectural Review Board shall have the power, from time to time, to adopt, amend and repeal rules and regulations, including the creation of a subcommittee to review minor applications, 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 in § 122-39 hereof. Such action shall be taken after public hearing. Every rule or regulation, every amendment or repeal thereof and every order, requirement, decision or determination of the Board shall be filed in the office of the Village Clerk and shall be a public record.
[Amended 6-11-2016 by L.L. No. 3-2016]
§ 122-38 Referrals to Architectural Review Board.
A.
Prior to the commencement of work set forth in § 122-35A of this article and prior to the issuance of a permit required elsewhere in this Code, the applicant shall file with the Village Clerk, for consideration by the ARB and the Building Inspector, a copy of the plans relating to the proposed activity. Subject areas of an application shall be appropriately staked on the site prior to submission of an application, with the application affirming that such staking has been completed.
B.
In addition to any other requirements established by the Architectural Review Board for final approval of such plans, the final revised plans, signed by the owner, shall be submitted to the Architectural Review Board at least 20 days prior to its next regularly scheduled meeting. A plan which involves substantial site development, such as new or significant construction, excavating or topographic changes, must contain the signed seal of a licensed architect or applicable engineer, and may be required by the Architectural Review Board or the Planning Board or Building Inspector to be accompanied by a scale model of construction proposed. A scale model that includes screening and topographic features, if the Architectural Review Board requests such model, must also accompany a plan requiring a variance from the Zoning Board of Appeals.
(1)
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, additions or topographic changes, must show appropriate elevations and perspective views.
(3)
An overall plan for proposed landscaping in regard to the site location of the subject structure of building will be required if the landscaping causes the alteration of the existing topography of the land or other environmental features, or which would have any adverse impact on neighboring areas or the preexisting appearance of the neighborhood.
C.
A permit shall be issued if it has been approved by a vote of at least a majority of the members of the Architectural Review Board.
D.
Final approved maps or plans, materials and specifications may not be altered in any way without the express prior approval of the Board. 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 Board, and no construction work involving such changes shall be commenced or continued until approval of the Board is granted. The Building Inspector shall, in case 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 Board. This section may also be enforced by the Board of Trustees by means of injunction. If the Village proceeds by injunction and is successful, reasonable attorney fees, engineering fees and other expert witness fees shall be paid by the defendant.
§ 122-39 Standards for Board action.
A.
In considering an application, the Board shall take into account natural features of the site and surroundings, exterior design and appearances of existing structures and topography, screening from roadways 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 land.
B.
The Board may approve any application to it upon finding that the building, alterations or site changes for which the permit was requested, if constructed, erected, reconstructed, altered, planted or graded in accordance with the submitted plan, would be in harmony with the purpose of this article; would not provoke visually 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 or 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 Board may impose appropriate conditions and safeguards designed to prevent the harmful effects set forth in § 122-35 hereof.
D.
The Board may disapprove any application for a permit, provided that the Board has afforded the applicant an opportunity to confer upon suggestions for change of the plan or map, and provided that the Board finds and states that the structure of the building for which the permit was requested would, if erected, constructed, reconstructed or altered as indicated, provoke one or more of the harmful effects set forth in § 122-35 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 and lengths of 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; service 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, refurbishing, reconstruction, alteration or addition with the terrain on which it is to be located; or 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 roadways.
§ 122-40 Appeal.
Any applicant aggrieved by the action of the Board 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 Board of Architectural Review that the Board make formal findings of fact. In the event of such a request, the Board shall make such findings of fact within 15 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. If the application is disapproved after such reconsideration, the applicant may appeal to the Board of Zoning Appeals of the Village of Centre Island in accordance with its rules, within 30 days after the filing in the office of the Village Clerk of the decision of the Board after reconsideration.
§ 122-41 Fees.
Prior to any final action being taken by the Board, in connection with new construction of a residence building only, the applicant shall pay a fee of $100 to the Village Clerk.