North Haven City Zoning Code
ARTICLE IX
Board of Architectural Review
§ 163-51 Findings; purpose.
A.
Findings.
(1)
Excessive similarity, dissimilarity or inappropriateness of design in the exterior appearance of residential buildings in relation to the prevailing appearance of residential buildings in the vicinity thereof would adversely affect the desirability of the immediate area and neighboring areas for residential purposes.
(2)
Inappropriateness or excessive dissimilarity of design in the exterior appearance of residential buildings in relation to the characteristics of design generally prevailing in the Village would discourage the most appropriate use of land throughout the Village.
(3)
Such excessive similarity, dissimilarity or inappropriateness would impair the benefits of occupancy of existing residential property, impair the stability and value of both improved and unimproved real property, produce degeneration of residential property, with attendant deterioration of conditions affecting the 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.
(4)
The identity of a community is founded on its past; and the historic, architectural, cultural and natural resources of a community constitute its heritage. The designation and protection of historic landmarks will assure preservation of the community's heritage, foster civic pride in the accomplishments of the past and help ensure harmonious and orderly growth of the community in a manner which recognizes and protects its historic resources.
[Added 9-1-1992 by L.L. No. 3-1992]
B.
It is the purpose of this chapter to prevent these and other harmful effects and thus to preserve and enhance the character, historical interest, beauty and general welfare of the community.
[Amended 9-1-1992 by L.L. No. 3-1992]
§ 163-52 Creation; membership; requirements for Board members.
A.
There is hereby created a Board of Architectural Review, consisting of five members, who shall serve without compensation. When the names "Board of Review" and "Board of Architectural Review" appear in the text of this Code, it shall be understood that the official name is "Board of Architectural Review and Historic Preservation."
[Amended 8-4-1986 by L.L. No. 7-1986; 9-1-1992 by L.L. No. 3-1992]
B.
All members of said Board shall be residents of the Village of North Haven and shall be persons deemed by the Board of Trustees to be qualified by reason of training, experience or civic interest and by reason of sound judgment to determine the effects of a proposed building, group of buildings or plan of a building development on the desirability, property values and development of surrounding areas and on the development of the Village as a whole. In addition, all Board members shall have a demonstrated interest, competence or knowledge of historic preservation.
[Amended 9-1-1992 by L.L. No. 3-1992]
§ 163-53 Appointment and alternate members; Chairman.
[Amended 8-4-1986 by L.L. No. 7-1986]
A.
The members of the Board of Architectural Review shall be appointed by and the Chairman thereof shall be designated by the Mayor, subject to the approval of the Board of Trustees.
B.
Two alternate members of the Board shall be appointed in the same manner to serve as substitutes for absent members. An alternate member shall act only as a proxy by request of the absent member.
§ 163-54 Leaves of absence.
[Amended 8-4-1986 by L.L. No. 7-1986]
A member of the Board shall request from the Board of Trustees a leave for an absence longer than one month. Upon the granting of a leave of absence, the Mayor shall appoint, subject to the approval of the Board of Trustees, a substitute member to serve during the period of absence.
§ 163-55 Terms of office.
[Amended 9-1-1992 by L.L. No. 3-1992]
Each member shall serve for a term of three consecutive years. Terms shall be staggered so that the terms of two members expire in a given year, the terms of two members expire in the following year and the term of one member expires in the second year following the given year.
§ 163-56 Removal of members.
The Board of Trustees shall have the power to remove any such member for cause after public hearing and by majority vote of said Board.
§ 163-57 Filling vacancies.
Vacancies shall be filled for the unexpired term of any member whose place has become vacant.
§ 163-58 Secretary of Board.
[Amended 8-4-1986 by L.L. No. 7-1986]
The Building Inspector may act as Secretary of the Board of Architectural Review, or the Board may appoint a Secretary, as said Board may determine.
§ 163-59 Times of meetings.
[Amended 8-4-1986 by L.L. No. 7-1986]
Meetings of the Board of Architectural Review shall be held at such times as the Board may determine and otherwise at the call of the Chairman.
§ 163-60 Administration of oaths; compelling attendance of witnesses.
The Chairman, or in his absence the Acting Chairman, may administer oaths and compel the attendance of witnesses.
§ 163-61 Quorum.
A majority of the members of the Board shall constitute a quorum for the transaction of business.
§ 163-62 Records to be kept.
[Amended 9-1-1992 by L.L. No. 3-1992]
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 examination, decisions and other official actions.
§ 163-63 Adoption of rules and regulations; applicability; filing documents.
B.
Every rule or regulation, every amendment or repeal thereof and every order, requirement, decision or determination of the Board shall immediately be filed in the office of the Board and shall be a public record. The Board's decision shall state the reasons for denying or modifying an application.
[Amended 9-1-1992 by L.L. No. 3-1992]
§ 163-63.1 Duties of Board.
[Added 9-1-1992 by L.L. No. 3-1992]
A.
The Board shall maintain the desirable character of the Village and disapprove the construction, reconstruction and alteration of buildings that are designed without consideration of the harmonious relation of the new or altered building to such buildings as already exist.
B.
The Board shall exercise sound judgment and shall reject plans which are not of harmonious character because of proposed style, materials, mass, line, color or detail, or which do not provide for the location and design of structures and open spaces so as to create a balanced and harmonious composition as a whole, as well as in the relationship of its various parts.
C.
The Board, when reviewing plans for altering or renovating the exterior of an historic landmark, shall disapprove any changes which do not retain its historic features and which are not compatible with the historic character of the property when applying those principles included in § 163-66C. The Board shall also apply those principles when considering an application for demolishing or moving an historic landmark.
D.
In consultation with the Village Historian and other qualified historical preservation authorities, the Board shall identify properties which possess any of the following qualities:
(1)
Possesses special character or historic or aesthetic interest or value as part of the cultural, political, economic or social history of the locality, region, state or nation.
(2)
Is identified with historic personages.
(3)
Embodies the distinguishing characteristics of an architectural style.
(4)
Is the work of a designer whose work has significantly influenced an age.
E.
Upon selection of an historic landmark, the Board shall recommend to the Board of Trustees that it receive such official designation.
(1)
Within 30 days of receiving a proposal from the Board of Architectural Review for designation of property as an historic landmark, the Board of Trustees shall notify the owner(s) of such property by certified mail. The notice shall include a description of the property proposed for designation and shall set a date, not later than 45 days from the date of the notice, for a public hearing on the proposed designation. Notice of the hearing shall be published in the official newspaper(s) of the Village at least five days prior to the date of the hearing.
(2)
Once the Board of Architectural Review has proposed a property for historic landmark designation to the Board of Trustees, no building permit with respect to such property shall be issued by the Building Inspector until the Board of Trustees has officially accepted or rejected the proposal for historic landmark designation of said property.
(3)
The Board of Architectural Review, property owner(s) and other interested parties may present testimony or documentary evidence at the hearing which will become part of the record concerning the historic, architectural or cultural importance of the proposed historic landmark. The record may also include public comments presented at the hearing.
(4)
The Board of Trustees shall accept or reject the recommendation of the Board of Architectural Review to designate individual properties as a landmark.
(5)
Properties designated by the Board of Trustees as historic landmarks shall be entered on an official Historic Landmark Map and shall be identified by the Suffolk County Real Property Tax Numbers. The map shall be filed in the offices of the Village Clerk and the Suffolk County Clerk.
§ 163-64 Referral of building permit application to Board.
[Amended 8-4-1986 by L.L. No. 7-1986; 11-2-1987 by L.L. No. 7-1987; 4-4-1994 by L.L. No. 2-1994]
When an application is made for a building permit, the Building Inspector shall promptly, after such application has been duly filed, refer said application to the Board of Architectural Review. Any such application would include the specific location and a narrative or other description of any utility structure such as described in § 163-31E proposed for this site.
§ 163-65 Plan to accompany certain applications.
If any residential building for which a building permit is sought is one of a group of six or more residential buildings proposed to be constructed in the same vicinity, none of which buildings are to be situated at a distance of more than 200 feet from some other building of the group, whether or not such buildings are to be constructed on contiguous plots and whether or not the permits for the other buildings of the group are applied for by the same applicant, said application shall be accompanied by a plan of building development for the entire group, clearly setting forth the entire site layout and the designs of the exterior appearance of all the proposed buildings of the group.
§ 163-66 Disapproval of certain applications; grounds for disapproval.
[Amended 8-4-1986 by L.L. No. 7-1986]
The Board of Architectural Review shall disapprove any application for a building permit referred to it if the Board finds by a majority vote of the members of the whole Board that the building for which the permit is sought or any building of a group of buildings covered by the permit would, if erected, be so detrimental to the character, property values or development of the surrounding residential area or of the Village as a whole as to produce one or more of the harmful effects set forth in § 163-51 by reason of:
A.
Excessive similarity of design in relation to any other structure existing or for which a permit has been issued or to any other structure included in the same permit application in respect to one or more of the following features of exterior design and appearance:
[Amended 1-4-2007 by L.L. No. 1-2007]
(1)
An apparently identical facade.
(2)
Substantially identical size and arrangement of either doors, windows, porticoes or other openings or breaks in the facade facing the street, including reverse arrangements.
(3)
Other significant identical features, such as, but not limited to, construction material, roofline and height or other design elements, provided that a finding of excessive similarity of design shall include not only that such similarity exists but further that it is of such a nature to produce one or more of the harmful effects set forth in § 163-51.
B.
Excessive dissimilarity or inappropriateness of design in relation to any other structure existing for which a permit has been issued or to any other structure included in the same permit application or inappropriateness or excessive dissimilarity of design in relation to the characteristics of residential building design generally prevailing in the Village, in respect to one or more of the following features:
[Amended 6-1-1999 by L.L. No. 2-1999; 2-3-2004 by L.L. No. 1-2004; 1-4-2007 by L.L. No. 1-2007]
(1)
Cubical contents.
(2)
Gross floor area.
(3)
Height of building or height of roof.
(4)
Other significant design features, such as, but not limited to, construction material or quality of architectural design, provided that a finding of excessive dissimilarity or inappropriateness of design shall include not only that such dissimilarity or inappropriateness exists but further that it is of such a nature as to produce one or more of the harmful effects set forth in § 163-51.
C.
Excessive alteration or inappropriateness of design which substantially changes the architectural character and/or features of an historic landmark and thereby diminishes its historic significance and value.
[Added 9-1-1992 by L.L. No. 3-1992]
(1)
In assessing changes, the following principles shall be considered:[1]
(a)
Landmarks shall be retained with their historic features altered as little as possible.
(b)
Any alteration of a landmark shall be compatible with its historic character.
(c)
New construction shall be compatible with its associated landmark.
[1]
Editor's Note: Helpful guidelines for the preservation of historic features are contained in the Secretary of the Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings, published initially in 1976, revised and expanded in 1983, revised again in 1990 and codified at 36 CFR 67.
(2)
In applying the principle of compatibility, the Board shall consider the following factors:
(a)
The general design, character and appropriateness to the landmark of the proposed alteration or new construction.
(b)
The importance of historic, architectural or other features to the significance of the landmark.
(c)
The scale of proposed alteration or new construction in relation to the landmark itself, surrounding properties and the Village as a whole.
(d)
Texture, materials and color and their relation to similar features of other properties in the neighborhood.
(e)
Visual compatibility with surrounding properties, including proportion of the property's front facade, proportion and arrangement of windows and other openings within the facade, roof shape, and the rhythm of spacings of properties on streets, including setbacks.
§ 163-67 Recommending modification of disapproved applications.
[Amended 8-4-1986 by L.L. No. 7-1986]
In disapproving any application for a building permit, the Board of Architectural Review may specify modifications in the design of the building or buildings or any of them that will be adequate to render the same acceptable under the provisions of this chapter.
§ 163-68 Building permit issuance following Board's action or inaction.
[Amended 8-4-1986 by L.L. No. 7-1986]
A.
The Building Inspector shall not issue any building permit for which the application has been disapproved by the Board of Architectural Review as provided in §§ 163-66 and 163-67, unless the plans for such building have been changed to embody any modifications in design that the Board of Architectural Review may have specified as adequate to render such design acceptable.
B.
If the Board of Architectural Review approves an application, the Building Inspector shall issue the permit applied for, if the same conforms to the provisions of all other applicable laws and ordinances.
[Amended 10-3-2000 by L.L. No. 8-2000]
§ 163-69 Action on certain large developments.
[Amended 8-4-1986 by L.L. No. 7-1986]
A.
When a plan of residential building development for six or more buildings, including designs of the exterior appearance of such buildings, is submitted to the Board of Architectural Review as provided in §§ 163-64 and 163-65, the Board may approve or conditionally approve such plan of building development and such building designs in accordance with the standards set forth in §§ 163-66 and 163-67.
B.
Within two years after approval by the Board of Architectural Review of any such building development plan and building designs, the Building Inspector shall, on application conforming to the provisions of all other applicable laws and ordinances, issue permits for buildings conforming to such approved building development plans and building designs, including any conditions attached to such approval, without referring the applications therefor to the Board of Architectural Review as provided in §§ 163-64 and 163-65.
§ 163-70 Recommendation of floor area requirements variances.
[Added 8-4-1986 by L.L. No. 7-1986]
With the purpose of encouraging the most appropriate use of land throughout the Village, the Board of Architectural Review may, in accordance with § 163-46B(4), recommend to the Zoning Board of Appeals a variance in the minimum livable floor area requirements set forth in this chapter.
§ 163-71 Referral of subdivision plats to Board; action on plats.
[Amended 8-4-1986 by L.L. No. 7-1986]
Every subdivision plat filed with the Planning Board shall be referred to the Board of Architectural Review within three days after the date on which the same was duly filed, and the Board of Architectural Review shall, within 30 days after said date of filing, report its recommendations thereon, if any, to the Planning Board. In considering any such plat, the Board of Architectural Review may require the proposed developer of the land covered by the plat to submit a plan of proposed building development, including drawings showing the designs of the exterior appearance of all proposed buildings.
§ 163-72 Appeals of actions of Board.
[Amended 8-4-1986 by L.L. No. 7-1986]
Any person aggrieved by the action of the Board of Architectural Review in disapproving a building permit application and of the Building Inspector in denying such permit because of such disapproval may appeal therefrom to the duly constituted Board of Appeals of the Village, and the Board of Appeals after proceeding in the same manner as is provided for zoning appeals and with the same power and authority vested in said Board of Appeals when passing upon appeals before it under the provisions of the Village Law, may reverse, modify or affirm the action of the Board of Architectural Review or of the Building Inspector.