Great Neck City Zoning Code
ARTICLE XVIII
Architectural Review
§ 575-174 Legislative intent; policies and findings.
A.
It is the purpose of this article to preserve and promote the character, appearances and aesthetics of the Village and to conserve the property value of the Village by providing procedures for an architectural review of the exterior of new construction and of certain alterations, additions and reconstruction where such alterations, additions or reconstruction effects a significant change in the exterior appearance of the building, and by doing so to:
(1)
Encourage good qualities of exterior building design and good appearances and to relate such design and appearances to the sites and surroundings of buildings.
(2)
Preserve the prevailing aesthetic character of the neighborhood and countryside and to enhance same by means of compatible buildings.
(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 reconstruction of new buildings and the exterior, refurbishing, reconstruction or alteration of existing buildings.
(5)
Assure that the design and location of any proposed building, or the addition, alteration or reconstruction of any existing building, is in harmony with the existing topography of its site and/or the existing building as well as the neighboring 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; which impair the use, enjoyment, value or desirability of neighboring properties and the general welfare of the community at large.
B.
The Board of Trustees hereby finds that:
(1)
Buildings 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 immediate area and neighboring areas.
(2)
Such buildings would discourage and prevent the most appropriate development and utilization of land throughout the Village.
(3)
Such buildings would impair the use, enjoyment, 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 and welfare 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 general welfare of the community.
§ 575-175 Committee of Architectural Review.
A.
There is hereby created a Committee of Architectural Review sometimes hereinafter referred to as the Committee, consisting of five members to be appointed for a term of one year by the Mayor with the approval of the Board of Trustees. At least one such member shall be either a member of the Board of Trustees or the Planning Board.
B.
The Chairman of the Committee shall be appointed by the Mayor.
C.
The Board of Trustees shall have the power by a majority vote of its members to remove any member of the Committee 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.
D.
Alternate members.
[Added 9-5-2006 by L.L. No. 10-2006]
(1)
Appointment and term. The Mayor is hereby authorized to appoint, subject to the approval of the Board of Trustees, not more than five alternate members to the Committee of Architectural Review. Each such appointee shall serve from the date of such appointment until the conclusion of the official year of the Village in which such appointment is made.
(2)
Designation and powers. The Chairperson of the Committee of Architectural Review may designate an alternate member to substitute for a member when such member is unable to participate because of a conflict of interest on an application or other matter before the Committee of Architectural Review, or when a member is unwilling, unavailable or, for any other reason, does not attend a meeting or participate on an application. When so designated, the alternate member shall possess all the powers and responsibilities of such member. When so designated, such designation shall be entered into the minutes of the initial Committee of Architectural Review meeting at which the substitution is made.
(3)
Limit of number of alternate members' participation. Under no circumstances shall more than two alternate members participate at any one time on any application.
§ 575-176 Committee procedures.
A.
Meetings of the Committee of Architectural Review shall be held monthly at the call of the Chairman of the Committee and at such other times as the Chairman shall determine. The meetings of the Committee shall be open to the public. A majority of the members of the Committee shall constitute a quorum for the transaction of business. The approved plan shall bear the signed seal of the architect or engineer who submitted it and shall bear the legend "Approved by Architectural Review Committee, Village of Great Neck," with the date of approval and the signature of at least one Committee member. The Committee 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 its other official actions.
B.
The Committee shall have power from time to time to adopt, amend and repeal rules, regulations and guidelines 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 § 575-178 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 Committee shall be filed in the office of the Village Clerk and shall be a public record.
§ 575-177 Referrals to Committee.
A.
No building permit shall be issued for any of the following work without the prior approval of the Committee:
[Amended 1-5-2010 by L.L. No. 1-2010]
(1)
Construction of a new building.
(2)
The alteration of, addition to, or reconstruction of an existing building or property which would effect a significant change in the exterior appearance of a building or property. A change is deemed significant if:
[Amended 4-16-2013 by L.L. No. 6-2013]
(a)
The change involves an area equal to or in excess of 20% of the surface area of the wall or walls forming part of any one elevation 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 change of all or any portion of the exterior of a building to what is determined by the Building Inspector to be a different material or a substantially different color. The term "building," as used herein, shall include all of the exterior elements and other exterior attachments to such buildings. The replacement of painted wood, horizontal clapboard, or shingle siding or trim with an approved paint color and material composed of fiber composite board of the same horizontal design pattern shall not be deemed a material change.
[Amended 4-16-2013 by L.L. No. 6-2013]
(4)
All structures that are wholly or in part within a front yard, except retaining walls, for which provision is set forth below.
B.
The term "building," as used in this article, shall include enclosed structures.
C.
The plans submitted shall at least include architectural renderings accurately depicting the building and topography and landscaping of the site, identifying all materials incorporated in exterior surfaces of the building and an accurate survey of the site locating all trees having a diameter of at least six inches at a height of four feet six inches above the ground at the base of the tree.
D.
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 15 days prior to its next regularly scheduled meeting:
(1)
Final revised plans, signed by the owner and containing the signed seal of an architect or engineer, licensed by the State of New York; 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 any new structures and 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 the 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 or if the Committee determines it would facilitate its review of the application.
(4)
A fee in the amount as shall be prescribed from time to time by the Board of Trustees.
[Amended 12-16-2003 by L.L. No. 17-2003]
(5)
The Committee may, in case it deems appropriate, waive one or more of the requirements of Subsection D(1), (2) or (3) above, taking into consideration the nature and extent of the construction proposed, its location and the undue hardship which the applicant may suffer by strict compliance with these requirements.
F.
Final approved maps or plans, materials and specifications may not be altered in any way without the express prior approval of the Committee. Any requested changes of the approved plans or maps must be submitted for review at least 15 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 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 by means of injunction. If the Village proceeds by injunction and is successful, reasonable attorneys' fees, engineering fees and other expert witness fees shall be paid by defendant.
G.
Nothing herein shall require the approval of the Committee for a temporary structure that will be removed within 10 days after the commencement of its erection and will not be re-erected within the next proceeding six months.
[Added 1-5-2010 by L.L. No. 1-2010]
§ 575-178 Standards for Committee action.
A.
In considering an application, the Committee shall take into account natural features of the site and surroundings, exterior design and appearances of existing buildings 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 Committee may approve any application to it upon finding that the building or the portion thereof for which the permit was requested, if constructed, 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, monotonous similarity or striking visual discord in relation to the sites or surroundings, would not mar the appearance of the area, 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 § 575-174 hereof.
D.
The Committee may disapprove any application for a permit, provided that the Committee has afforded the applicant an opportunity to confer upon suggestions for change of the plans, and provided that the Committee finds and states that the building for which the permit was requested would, if constructed, reconstructed or altered as indicated, provoke one or more of the harmful effects set forth in § 575-174 hereof by reason of:
(1)
Monotonous similarity to any other 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 buildings located or proposed to be located in the same subdivision, or located within 500 feet of the site of the building for which a building permit is requested, in respect to one or more of the following features of exterior design and appearance:
(a)
Facade;
(b)
Size and arrangement of doors, windows, porticos, porches or garages or other openings, breaks or extensions in the facade; or
(c)
Scale and other significant design features such as but not limited to heights, widths, length of elements of design, exterior materials and treatments, roof structures, exposed mechanical equipment, service and storage area, retaining walls, landscaping, signs, light posts, parking areas and fences. However, any finding or determination shall be advisory only to the officer or body vested with authority to issue sign permits.
(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 building from the grade of the terrain; harmony or discord of color; incompatibility of the proposed 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 buildings and the scenic character of roadways when visible from said roadways.
§ 575-179 Guidelines.
A.
Purpose of these guidelines. These guidelines are intended to facilitate the design review process by encouraging certain design characteristics which are deemed appropriate in achieving the standards set forth in § 575-178. In rendering its judgments, the Committee remains at liberty to depart from and may invoke standards which are not encompassed within these guidelines.
B.
Massing.
(1)
Large undifferentiated volumes and/or wall surfaces should be avoided.
(2)
Abrupt transitions between volumes of a building should be avoided.
(3)
In single-family dwellings, pitched roofs are preferred over flat roofs.
(4)
Pitched roofs should consist of at least two sloped surfaces, except when adjoining higher vertical surfaces (i.e., shed roofs). Neither sloped surface should be less than 1/3 the length of the longer side.
(5)
Pitched roofs shall have a minimum pitch of 1:3, except at dormers.
C.
Materials.
(1)
Designs should rely on a limited palette of materials. It is preferred that one material, such as brick or wood, be used for the body of the building. These surfaces should be relieved by their trim, trim colors and decorative elements such as shutters, molding or other decorative ornamentation.
(2)
The Committee strongly encourages the use of durable and enduring materials with proven performance. In particular, cladding and roof systems will be reviewed for durability and the quality of their technical design as well as their appearance.
D.
Landscaping. The use of evergreen plant material (e.g., pine, cedar, hemlock, holly, laurel, yew, pachysandra, myrtle, etc.) is encouraged to ensure that any planned visual buffers function effectively year-round.
E.
Garages. If located in a front elevation of a residential building, the door or doors of a garage shall not have a total horizontal dimension which exceeds 50% of the horizontal dimension of the front elevation of the residential building.
F.
Mechanical equipment. Exterior mechanical equipment should be indicated on all drawings and should be properly shielded from view of all streets and adjacent properties.
G.
Color. The Committee encourages the use of colors, singly or in combination, which are consistent with the visual character of the existing buildings and landscape of the Village. Strident color schemes or colors which compete with those of the natural landscape are strongly discouraged.
H.
Style.
(1)
In general, adjacent structures shall not be identical nor mirror images of one another.
(2)
The massing and style chosen for buildings should be suitable and appropriate within the context of adjacent existing buildings.
(3)
Within any submitted design, the massing, size and shape of all openings, decorative trim and ornamentation should be stylistically consistent.
§ 575-180 Appeals.
Any applicant aggrieved by the action of the Committee of Architectural Review 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 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 finding 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 Appeals of the Village of Great Neck 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.
§ 575-181 Notices.
[Added 1-6-2004 by L.L. No. 1-2004]
A.
Before an application may be heard by the Committee, a complete and accurate list of the names and addresses, as shown on the most recent Village assessment roll, of the owners of all the properties that fall within the following criteria shall be submitted simultaneously with the application:
[Amended 4-16-2013 by L.L. No. 6-2013]
B.
The applicant shall send, by first-class mail, to each owner shown on said list, stating on the envelope the name of the owner and then the words "or current resident," not less than 10 days nor more than 20 days before the date set for a hearing upon the application, a notice, signed by or on behalf of the applicant, identifying the property affected thereby and setting forth the nature of the application and the date, time, and place fixed by the Committee for the hearing thereon, and enclosing therein a copy of § 575-178 of this article.
[Amended 12-19-2017 by L.L. No. 8-2017]
C.
Before such case may be heard by the Committee, the applicant must file with the Clerk of the Committee, not later than three days prior to the hearing date, an affidavit of the mailing of such notices as herein provided. Said affidavit shall be made on forms to be provided by the Village.
§ 575-182 Responsibility for architectural review and approval.
[Added 10-7-2014 by L.L. No. 6-2014]
A.
The provisions of § 575-177 notwithstanding, whenever land use or development requires a permit, an approval, or a variance from the Board of Trustees or the Board of Appeals, the responsibility of architectural review and approval under the provisions of this article may be assumed by such Board, and the cost and deposit requirements of § 575-177 shall apply, but not the fee requirement. The foregoing shall not apply when the Committee of Architectural Review, or another board exercising the Committee’s function, has previously rendered a decision with regard to the project, whether or not the project has been revised since the rendering of said decision, and a material change has been made to the prior decision. When the Committee of Architectural Review, or another board exercising the Committee’s function, has previously rendered a decision with regard to the project, if, in the discretion of the Building Inspector, there is a material change to the prior decision, the matter shall be referred back to the Committee or such board. Nothing in this section shall affect the right of an aggrieved applicant to the appeal process set forth in § 575-180 from any action by the Architectural Review Committee or the Board of Trustees, to the limited extent that the Board of Trustees may assume the responsibility of the Architectural Review Committee pursuant to this article.
B.
If the Board of Trustees or the Board of Appeals elects to perform all or a part of the review otherwise required by the Committee of Architectural Review pursuant to this article, it shall acknowledge such election and the extent of such election in its determination, and, to the extent of such election, it shall have all of the powers of the Committee of Architectural Review, and, by its election, no separate application need be made to the Committee of Architectural Review to the extent of such election.