Quogue City Zoning Code
ARTICLE VIIA
Design Review
[Added 6-6-2001 by L.L. No. 5-2001]
§ 196-36 Findings and purpose.
A.
The Board of Trustees hereby finds that a lack of coordination in building design and appearance, and excessive similarity, dissimilarity, inappropriateness or poor quality of design, materials or color in the exterior appearance of buildings and structures, adversely affects the values of property in the Village and affects the use of property in the Village for the purposes for which such property is intended. Such adverse effects include, without limitation, the impairment of benefits of ownership and occupancy of properties and stability and value of both improved and unimproved properties, produces degeneration of property with attendant conditions affecting the health, safety and general welfare of the community and destroys a proper relationship between taxable value of real property and the cost of municipal services afforded to such properties.
[Amended 3-22-2013 by L.L. No. 3-2013]
B.
It is the purpose of this article to prevent said harmful effects and thus to promote compatibility within neighborhoods, to promote the health, safety and general welfare of the community and to preserve and protect the value of properties therein.
§ 196-36.1 Design Review Board.
A.
There is hereby created a Design Review Board, which shall consist of five members appointed by the Mayor with the approval of the Board of Trustees. The initial appointments shall be made for terms so that one member's term shall expire at the end of the current official year, two members' terms shall expire at the end of the next official year (one year after the end of the current official year) and two members' terms shall expire at the end of the next official year (two years after the end of the current official year). Succeeding appointments shall be made for terms of three years. There shall be a two-term limit; after one year's absence, a former member may be appointed for another term. Vacancies occurring for any reason other than expiration of term shall be filled by appointment by the Mayor, with the approval of the Board of Trustees, for the balance of the unexpired term.
B.
The Chairperson of the Design Review Board shall be designated by the Mayor with the approval of the Board of Trustees. Such designation shall be for a term of one official year and shall expire at the end of each official year.
C.
All members of the Design Review Board shall be residents of the Village deemed specially qualified by reason of training, experience or civic interest, and by reason of sound judgment, to judge the effects of a proposed building or exterior alteration on the nature and character of the community and of the immediate neighborhood, as provided in this article. The Board of Trustees may remove members of the Design Review Board without cause.
D.
Meetings of the Design Review Board shall be held at the call of the Chairperson or at the request of two members. All such meetings shall comply with the Open Meetings Law.[1] A majority of the Design Review Board shall constitute a quorum for the transaction of business.
[1]
Editor's Note: See Art. 7 of the New York State Public Officers Law.
E.
The Design Review Board may adopt and from time to time amend rules of procedure not inconsistent with law or the provisions of this article.
F.
The Design Review Board shall meet within 30 days after referral to the Design Review Board of an application for a permit, as required by this article. At least 10 days prior to such meeting, the Village Clerk shall give written notice of such meeting, in a form provided by the Design Review Board, to all owners of contiguous property and properties directly across a street or a body of water that is the subject of the application. Review applications shall be noticed in the official newspaper. Such notice shall be given to such owners at the addresses indicated on the most recent assessment roll of the Village. Proof of mailing of such notice shall be included in the permit file.
[Amended 7-16-2010 by L.L. No. 2-2010]
§ 196-36.2 Procedure.
A.
Referrals of permit applications; action on review.
(1)
As soon as practicable, and in any event no later than five business days after receipt by the Zoning Administrator of an application for a building permit involving the exterior appearance of one or more new or existing buildings or structures, the Zoning Administrator shall refer said application to the Design Review Board.
[Amended 3-22-2013 by L.L. No. 3-2013]
(2)
Such application shall be promptly reviewed by a committee of the Design Review Board, consisting of the Chairperson or one designated member of the Board (designated by the Chairperson), to determine whether review by the full Board is required or deemed appropriate. The task of reviewing applications shall be rotated among the members of the Board monthly, so that the duty of the designated member shall not continuously fall on the same member. An application for construction of any new building or structure shall require review by the full Board if it appears to be incompatible. An application for an addition to or reconstruction or alteration of an existing building or structure shall require review by the full Board if it substantially changes the character or appearance of the building or structure and appears to be incompatible. Review by the full Board may be deemed appropriate in any other instance.
[Amended 3-21-2002 by L.L. No. 1-2002]
(3)
If such committee determines that review by the full Board is required or deemed appropriate, such application shall be reviewed by the full Board. If such committee determines that review by the full Board is neither required nor deemed appropriate, such committee may grant design approval in writing. Such committee shall timely act so as to enable compliance by the full Board with the time periods set forth in this article; failure of such committee to timely act shall be deemed a determination that review by the full Board is required or deemed appropriate.
(4)
Where review by the full Board is required or deemed appropriate, such review shall be in accordance with the standards set forth in this article. Upon completion of such review, the Design Review Board may grant design approval or disapprove the application.
(5)
Where review by the full Board is required or deemed appropriate, in addition to meeting within the time period provided in § 196-36.1F, the Design Review Board shall make its determination on the application within 15 days after such meeting or, if the Design Review Board shall require additional documents for its review, within 15 days after the submission has been completed, unless such time is extended in either case by the applicant. If such time expires without such extension, and without a determination by the Design Review Board, design approval shall be deemed to have been granted.
(6)
No building permit shall be issued by the Zoning Administrator on any application required to be referred by Subsection A(1) unless design approval shall have been granted or deemed granted pursuant to the provisions of this article.
B.
Direct applications.
(1)
In addition to permit applications referred to the Design Review Board as provided in Subsection A above, the Design Review Board also may consider direct applications for review submitted by an applicant in advance of application for a building permit. Any such application for direct review shall include elevation plans of a proposed building or structure or proposed alteration to an existing building or structure. The Design Review Board may require additional material to be included in the application where, in the discretion of the Design Review Board, such additional material would aid in the Board's review.
(2)
Where the Design Review Board finds that it would be inappropriate or inadvisable to review a direct application, the Design Review Board may deny the application for direct review without prejudice and require the applicant to submit building plans in accordance with customary procedure for application for building permits.
(3)
Where the Design Review Board reviews a direct application, such review shall be in accordance with the standards set forth in this article. Upon completion of such review, the Design Review Board may grant design approval or disapprove the application.
C.
Content of application. Applications must be accompanied by plans showing elevations of all proposed new buildings and structures and, in the case of additions or alterations to existing buildings or structures, all affected elevations. If additional information is required by the Design Review Board to complete an adequate review, the following information may be requested: a site plan showing elevation of street, height of proposed building or structure, elevation at grade, and a proposed landscape plan. The submission of an application for review is complete when all required documents have been filed with the Design Review Board. If submission is not completed within 60 days of the filing of an application or the request by the Design Review Board for additional documents, the application shall be deemed to have been withdrawn.
§ 196-36.3 Standards for Board action.
A.
In considering an application for a permit, the Design Review Board shall take into account the natural features of the site and surrounding areas, the exterior design and appearance of existing structures, the character of the site and the neighborhood, and the peculiar suitability of the site or neighborhood for particular purposes, all with a view toward protecting and conserving the values and maintaining the character of the Village.
B.
The Design Review Board may grant design approval upon finding that the building or structure for which the permit is requested, if erected or altered as proposed in the application, would:
(1)
Be in harmony with the purpose of this article;
(2)
Not be visually offensive or incompatible by reason of poor quality of exterior design or appearance, monotonous similarity or visual or architectural discord in relation to the site or surrounding properties in the immediate vicinity;
(3)
Not mar or adversely affect the appearance of the area;
(4)
Not impair the use, enjoyment and desirability or reduce the values of properties in the neighborhood;
(5)
Not be detrimental to the character of the neighborhood;
(6)
Not prevent the most appropriate development and utilization of the site or adjacent lands;
(7)
Not adversely affect the general welfare of the area and the entire community of the Village; and
(8)
Height and scale are appropriate to the size of the lot.
C.
In granting design approval, the Design Review Board may impose appropriate conditions or modifications to prevent or minimize harmful effects of the proposed construction or alteration. Where such conditions or modifications are imposed by the Design Review Board, the Zoning Administrator shall not issue a building permit unless such conditions or modifications are incorporated therein or otherwise met or satisfied.
D.
Provided that the Design Review Board has first met with the applicant, or the applicant's representatives, and provided the applicant or the applicant's representatives with an opportunity for such meeting, the Design Review Board may disapprove an application upon finding that the building or structure for which the application has been submitted, if erected or altered as proposed, would provoke one or more of the harmful effects enumerated in Subsection B of this section.
§ 196-36.4 Remedies.
A.
Any person aggrieved by a determination of the Design Review Board pursuant to this article may appeal the same to the Board of Trustees by written appeal filed with the Village Clerk no later than 15 days after such determination.
B.
If an appeal is timely filed, the Board of Trustees may by resolution stay all proceedings in furtherance of the determination appealed from during the pendency of such appeal.
C.
Within 30 days after filing of such appeal, the Board of Trustees may consider the appeal and determine whether to affirm, reverse or modify the determination from which such appeal was taken. In the event that the Board of Trustees does not make such a determination within such thirty-day period, the determination of the Design Review Board shall be deemed to have been affirmed.
D.
The remedy for any person aggrieved by the determination of the Board of Trustees on such appeal shall be an Article 78 proceeding against the Board of Trustees. The remedy for any person aggrieved by a determination of the Design Review Board which is deemed to have been affirmed pursuant to Subsection C above shall be an Article 78 proceeding against the Design Review Board.
[Amended 7-16-2010 by L.L. No. 2-2010]
§ 196-36.5 Fees; expiration of provisions.
A.
Fees. In addition to any other fees provided or required by law, the applicant shall pay to the Village Clerk a fee established by resolution of the Board of Trustees for any application for a permit which requires review by the Design Review Board. No action shall be taken with respect to any such application until all required fees have been paid; and, until such payment is made, any time period within which any act is required to be performed as provided by this article shall be tolled.
B.
Expiration. The provisions of this Article VIIA shall automatically expire and cease to be in effect as of the date two years after the date of enactment of the local law enacting this Article VIIA, unless the Board of Trustees adopts a resolution (after such enactment date and prior to such expiration date) affirmatively resolving by a vote of a majority plus one of the Board of Trustees that the provisions of this Article VIIA shall continue in effect.[1]
[1]
Editor's Note: The Board of Trustees unanimously adopted a resolution 5-3-2003 resolving that the provisions of Article VIIA of the Zoning chapter shall continue in effect.
§ 196-36.6 Material change in exterior appearance.
[Added 3-22-2013 by L.L. No. 3-2013]
A.
The exterior appearance of a building or structure shall not be materially changed without first obtaining approval from the Design Review Board. A material change includes a change in exterior materials or color which materially affects the exterior appearance.
B.
If the material change involves work which requires a building permit, the procedure set forth in § 196-36.2 shall be applicable. If the material change does not involve work which requires a building permit, an application for Design Review Board approval shall be filed with the Zoning Administrator (who shall refer said application to the Design Review Board), and the procedure set forth in § 196-36.2A(2), (3), (4) and (5) shall be applicable.