Ossining City Zoning Code
Article
XII Board of Architectural Review
§ 270-56 Findings; purpose.
The Board of Trustees hereby finds that excessive uniformity, dissimilarity, inappropriateness or poor quality of design in the exterior appearance of buildings erected in any neighborhood adversely affects the desirability of the immediate area and neighboring areas for residential, business or other purposes and by so doing, impairs the benefits of occupancy of existing property in such areas; impairs the stability and value of both improved and unimproved real property in such areas; prevents the most appropriate development and use of such areas; contributes to the degeneration of property in such areas with attendant deterioration of conditions affecting the health, safety and general welfare of the community; and contributes to the diminution of the taxable value of real property in such areas and its ability to support the municipal services provided therefor. It is the purpose of this article to prevent these and other harmful effects of such exterior appearance of buildings erected or altered in any neighborhood and thus to promote the health, safety and general welfare of the community, conserve the value of buildings and encourage the most appropriate use of land within the Village of Ossining.
§ 270-57 Creation, appointment and organization.
A.
There is hereby created a Board of Architectural Review which shall consist of each member of the Planning Board who shall serve without compensation. The terms of each member shall run concurrently with his corresponding time on the Planning Board, and appointments of new members shall be automatic as new members are appointed to the Planning Board.
B.
The Chairman and Secretary of the Board of Architectural Review shall be the same Chairman and Secretary serving on the Planning Board. The Board of Architectural Review shall meet concurrently as does the Planning Board. Special meetings, as required, may be held by the Board at its discretion. All minutes, records, decisions or other official actions will be recorded as part of the Planning Board's records under the heading of architectural review and shall be filed with the Village Clerk and become a public record.
§ 270-58 Powers and duties.
A.
In all cases where site plan approval is required, as stated in other sections of this chapter, the review by the Board of Architectural Review for similarity, dissimilarity or inappropriateness shall be given concurrently or prior to the Planning Board's review for site plan approval. In all cases where site plan approval is not required by the Planning Board, such as for one- and two-family residences not part of a proposed subdivision, separate application shall be made to the Board of Architectural Review, and approval is required prior to the issuance of a building permit. In addition to any notice as may be required by law, the Board of Architectural Review shall cause notice of such application to be mailed at least 10 days before the date scheduled for the review of such application by the Board to all owners of property which lies within 300 feet of any boundary line of the property which is the subject matter of the application and to such other owners as the Board of Architectural Review may deem advisable. The names of said owners shall be taken as they appear on the last completed tax roll of the Village. Provided that due notice shall have been given as otherwise required by law and that there shall have been substantial compliance with the remaining provisions of this section, the failure to give notice in exact conformance herewith shall not be deemed to invalidate action taken by the Board of Architectural Review in connection with such application.
B.
The Building Inspector shall promptly refer to the Board of Architectural Review every application for a building permit. Such Board may approve, or conditionally approve, subject to specified modifications, or disapprove any application for a building permit, provided that such Board finds the structure or building, if erected or altered as proposed in the application for building permit, would be so detrimental to the desirability, property values or development of the surrounding areas as to be the cause of one of the harmful effects set forth in § 270-56 hereof by reason of:
(1)
Excessive similarity to any other existing structure or for which a permit has been issued or to any other structure included in the same permit application, facing upon the same or intersecting street and within 500 feet of the proposed site as measured along center lines of streets in a Single-Family Residence District, and within 250 feet of the proposed site in any district other than a Single-Family Residence District, with respect to one or more of the following features:
(a)
Apparently identical front or side elevations;
(b)
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
(c)
Other significant identical features of design, such as, but not limited to, materials, rooflines and height or other design elements.
(2)
Excessive dissimilarity in relation to any other existing structures, or for which a permit has been issued, or to any other structures included in the same permit application, facing upon the same or intersecting street and within 500 feet of the proposed site as measured along center lines of streets in a Single-Family Residence District, and within 250 feet of the proposed site in any district other than a Single-Family Residence District, in respect to one or more of the following features, provided that the finding is not based on personal preference as to taste or choice of architectural style:
(3)
Inappropriateness in relation to the established character of other structures in the immediate area or neighboring areas with respect to significant design features, such as material or quality of architectural design, provided that the Board shall find that the inappropriateness which exists is of such a nature as to be reasonably expected to be the cause of one or more of the harmful effects set forth in § 270-56 hereof and that the finding is not based on personal preference as to taste or choice of architectural style.
(4)
The Building Inspector shall refuse any building permit application which is disapproved as provided in this section. If the Board of Architectural Review shall fail to disapprove, or conditionally approve, subject to specified modifications, any such application referred to it within 45 days of the receipt of a complete application if such Board shall approve any such application, the Building Inspector shall forthwith issue the building permit, provided that it conforms in all respects to all other applicable laws and regulations.