Spencerport City Zoning Code
ARTICLE XIII
Architectural Review
§ 340-73 Purpose.
The Village Board of Trustees hereby finds that excessive uniformity, dissimilarity, inappropriateness or poor quality of design in the exterior appearance of any buildings erected, altered, remodeled or extended in any neighborhood adversely affects the desirability of the immediate area and neighboring areas for residential and business purposes 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, produces degeneration of property in such areas, with attendant deterioration of conditions affecting the health, safety and general welfare of the community, and impairs a proper relationship between the taxable value of real property in such areas and the cost of municipal services provided therefor. It is the purpose of this article to prevent these and other harmful effects of such exterior appearance of buildings and related exterior improvements erected or altered in any neighborhood so designated for architectural review and thus to promote the health, safety and general welfare of the community, conserve the value of the buildings and encourage the most appropriate use of land within the Village of Spencerport.
§ 340-74 Architectural Review District (ARD).
The area in which this article applies shall be known as the "Architectural Review District" or "ARD." The Architectural Review District shall consist of the following areas of the Village of Spencerport:
B Districts: commercial |
C Districts: industrial |
§ 340-75 Certificate of appropriateness required; minor alterations; exceptions.
A.
No person or entity shall carry out any exterior alteration, restoration, reconstruction, removal, demolition, new construction or relocation within the ARD, nor shall any person or entity make any material change in the appearance of such a property, its light fixtures, monument signs (but not including temporary signs), parking, site plan, sidewalks, fences, steps, paving or other exterior elements visible from a public street or alley, or from the Erie Canal, without first obtaining a certificate of appropriateness from the Zoning Board of Appeals. The certificate of appropriateness required by this article shall be in addition to and not in lieu of any building permit or other permit or approval required by law.
B.
Exceptions to certificate of appropriateness requirement. No certificate of appropriateness shall be required for:
(1)
Ordinary maintenance and repair of any architectural feature in the ARD which does not involve a change in design, material, color or the outward appearance thereof.
(2)
Construction, reconstruction, alteration or demolition of any exterior architectural feature in the ARD which is ordered by any governmental authority to remove dangerous or unsafe conditions.
§ 340-76 Review procedures; application requirements; waiver.
A.
The Zoning Board of Appeals shall review and advise on all of the following:
(1)
All applications for the construction of any new building or structure.
(2)
All applications for alterations or additions to any building or structure.
(3)
Repainting, residing or altering of the exterior of any building or structure which results in a change of color or materials.
(4)
Design of monument signs.
(5)
Landscaping and landscape architecture.
(6)
Exterior lighting design.
(7)
Parking.
B.
Sketch plan. A preliminary conference may be held between the Board and the applicant prior to the preparation and submission of a formal application. The intended purpose of such a conference is to enable the applicant to inform the Board of his proposal prior to the preparation of a detailed submission and to provide the Board with an opportunity to review the basic design concept, to advise the applicant as to potential problems and concerns and to generally determine the information to be required on the formal submission.
C.
Application requirements. The Board shall require an application which shall include, but not be limited to, the following:
(1)
A plan or plans drawn at a scale adequate to clearly indicate the following:
(a)
The dimensions, orientation and area of the building plot with setback dimensions clearly indicated.
(b)
The size, shape and location of existing and proposed construction and relationship to adjacent properties, buildings, structures, waterways and rights-of-way.
(c)
A summary of areas of existing or proposed buildings and an indication of their proposed uses.
(d)
Locations of existing streets, points of entry and egress for motor vehicles and locations and layout of all paved areas, including off-street parking and loading facilities.
(e)
All existing and proposed topography.
(f)
Locations of existing and proposed plantings and screening devices, walls, fences, railings and their height and the materials of their construction.
(g)
Indication of exterior lighting adequate to determine its character and to enable review of possible hazards and disturbances to the public and adjacent properties.
(h)
Indication of other potential disturbances to the public and adjacent properties due to noise or odors to be emitted from the proposed use.
(2)
Photographs of the site and adjacent areas and structures sufficient to provide adequate representation thereof.
(3)
Samples of exterior building materials and finishes and color palette for painted surfaces.
(4)
Detailed drawings of decorative elements.
(5)
Location, size and design of exterior signage.
(6)
Sectional drawings to explain the character of the design.
(7)
All site plan applications submitted to the Zoning Board of Appeals.
(8)
Complete and accurate exterior elevations of all facades, drawn at a scale adequate to show clearly the appearance of all proposed buildings and structures.
D.
(Reserved)
E.
Waiver of requirements. The Board may waive any of the requirements of this article where, due to character, size, location or special circumstances, any particular information, or the preliminary conference, is not required in order for the Board to properly perform its review.
§ 340-77 Standards for approval and disapproval.
A.
The Board shall disapprove any application referred to it if the Board finds that the application, if granted, would be detrimental to the character, property values or development of the surrounding area or of the Village of Spencerport as a whole by reason of any of the following:
(1)
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, on a plot abutting on the same street and within 500 feet of the proposed site in respect to one or more of the following features of exterior design and appearance: apparently identical facade; substantially identical features, such as, but not limited to, doors, windows, porticoes or other openings or breaks in an elevation, including reverse arrangement; or 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 also that it is of such a nature as to produce harmful effects.
(2)
Excessive dissimilarity of design or inappropriateness of design or of site plan in relation to any other building or structure existing or for which a building permit has been issued, or to any other building or structure included in the same permit application, on a plot abutting on the same street and within 500 feet of the proposed site, or inappropriateness or excessive dissimilarity of design in relation to the characteristics of building design generally prevailing in the Village, in respect to one or more of the following features: cubical contents; gross floor area; height of building or height of roof; other significant design features, such as, but not limited to, construction material or quality or architectural design; or yard dimensions, provided that a finding of excessive dissimilarity or inappropriateness of design shall include not only that such dissimilarity or inappropriateness exists but also visual offensiveness, inappropriateness, inconsistency of design or other poor qualities of exterior design, including considerations of the harmony or discord of colors or materials or incompatibility of the proposed building or structure with the terrain on which it is to be located, including but not limited to excessive divergencies of the height or levels of any part of the building or structure from the grade of the terrain that are of such a nature as to produce harmful effects.
(3)
A finding that the building or structure for which the permit was requested, if erected or altered in accordance with the submitted plan, would not be in harmony with the purpose of this article; would be visually offensive or inappropriate by reason of poor quality of exterior design or inappropriateness of design of site plan in relation to any other building or structure; would mar the appearance of the area; would impair the use, enjoyment and desirability or reduce the values of properties in the area; would be detrimental to the character of the neighborhood; would prevent the most appropriate development and utilization of the site or of adjacent lands; or would adversely affect the functioning economic stability, prosperity, health, safety and general welfare of the entire community.
B.
In disapproving any application, the Board may specify modifications in the design of the buildings or structures or any of them or in requirements as to yard dimensions that will be adequate to render the same acceptable under the provisions of this article.
C.
Conditions of approval. In approving any application, the Board may impose appropriate conditions and safeguards designed to prevent harmful effects.
§ 340-78 Modification of zoning regulations.
A.
With the purpose of encouraging the most appropriate use of land throughout the Village, the Board may vary the minimum floor area requirements set forth in this chapter of the Village of Spencerport, as amended, so as to reduce said requirements by not more than 10% if, by reason of greater lot frontages or areas or side yard widths or less percentage of lot coverage by building area than are specified by said chapter of the Village of Spencerport, or by reason of the provision of public or common open space as part of the development or exceptionally skillful lot arrangement and site design, the result of said variation will be in harmony with the character of the neighborhood.
B.
With the purpose of achieving the most appropriate design in furtherance of the purposes of this article, the Board, in passing on any application before it, may modify the requirements of said chapter so as to permit minor encroachments on required yards by railings, bays, chimneys or other architectural details or so as to permit minor variations with respect to the location of accessory buildings or structures, provided that no accessory building or structure shall in any case be permitted to encroach on any front or side yard.
§ 340-79 Appeals.
A.
Any person aggrieved by any action of the Board may appeal therefrom pursuant to the provisions of Article 78 of the New York Civil Practice Laws and Rules.
§ 340-80 Enforcement; stop-work order.
A.
All work performed pursuant a certificate of appropriateness issued under this article shall conform to any requirements included therein. The Building Inspector shall inspect such work to assure compliance. In the event that work is found that is not being performed in accordance with the certificate of appropriateness, the Building Inspector shall issue a stop-work order, and all work shall immediately cease. No further work shall be undertaken on the project as long as a stop-work order is in effect.
B.
The Building Inspector is further authorized and empowered to enforce compliance with all other provisions of this article.
§ 340-81 Penalties for offenses.
The following provisions are applicable for violations of this article:
A.
Criminal remedy. Failure to comply with any of the provisions of this article shall be deemed a violation, and the violator shall be liable for a fine of not less than $100 nor more than $250 for each day the violation continues.
B.
Civil remedy. Any person whose violations of this article result in changes to a property which violate the terms and conditions of a certificate of appropriateness, or in the absence of a certificate of appropriateness, shall be required to restore the property and its site to its appearance prior to the violation. Any action to enforce this subsection shall be in addition to, and not in lieu of, any criminal prosecution and penalty.
§ 340-82 Supersession.
By authority of Municipal Home Rule Law § 10, Subdivision 1, Paragraph (ii), Subparagraph e, Clause (3), this article shall supersede any inconsistent provisions of the New York State Village Law § 7-712-a, Subdivision 4, pertaining to the voting requirements by the Zoning Board of Appeals. Such supersession shall apply only to appeals reviewed under this article.