Tuxedo City Zoning Code
ARTICLE XII
Architectural Review
§ 98-60 Legislative intent.
A.
The Town Board hereby finds and declares that it is desirable to take measures to provide for the preservation and enhancement of the commercial properties in the Town of Tuxedo, including, among others, those located on NYS Route 17, to provide for superior architectural design in certain residences and larger new subdivisions, and to coordinate the architectural review envisioned in the Planned Integrated Development (PID) regulations.
B.
The Town Board hereby further finds and declares that inappropriateness or poor quality of design in the exterior appearance of commercial buildings and certain residences and subdivisions adversely affect the desirability of the area for business uses and residential uses, and by so doing, impairs the value of both improved and unimproved real property in such areas, prevents the most appropriate development of such areas, and destroys a proper relationship between the taxable value of property in such areas and the cost of municipal services provided therefor.
C.
The Town Board is adopting this chapter in furtherance of the following public purposes, which are found to promote the economic benefits, the cultural advantages and general welfare of the Town:
(1)
To provide for the protection and enhancement of the commercial properties located on NYS Route 17 which are illustrative of the growth and development of our nation, our state and our Town and are of particular historic or aesthetic value.
(2)
To recognize and ensure the preservation of those elements of the Town's past which represent various architectural, artistic, and cultural achievements which cannot be duplicated or otherwise replaced.
(3)
To stabilize and improve property values within the commercial district.
(4)
To foster civic pride in those elements of the Town's past that give the Town its unique character and set it apart from other communities.
§ 98-61 Grant of authority.
The Planning Board shall administer this article.
§ 98-62 General restrictions.
A.
No commercial building or structure in the Town of Tuxedo shall be erected, built, maintained or altered and no exterior architectural feature of any commercial building or structure which involves a change in design, material, color, or outer appearance thereof shall be permitted and no building permit issued except upon authorization of and in conformity with plans approved by the Planning Board.
B.
A residential building used for or converted to a commercial use, except for a home office or occupation having no external evidence of such use, shall be subject to and in conformity with plans approved by the Planning Board.
C.
A proposed residential building or structure in a subdivision of five or more lots hereinafter approved by the Planning Board shall be subject to and in conformity with architectural plans approved by the Planning Board.
D.
A proposed two-family or multifamily residential building or structure shall be subject to and in conformity with plans approved by the Planning Board.
E.
No building or structure in a Planned Integrated Development (PID) shall be erected, built, maintained or altered and no exterior architectural feature of any structure in a PID which involves a change in design, material, color, or outer appearance thereof shall be permitted and no building permit issued except upon authorization of and in conformity with plans approved by the Planning Board.
F.
Nothing herein shall be construed to prevent the ordinary maintenance or repair of any exterior architectural feature of a structure which does not involve a change in design, material, color, or outer appearance thereof.
§ 98-63 General purposes.
The Town Board hereby finds that it is in the best interests of the citizens of the Town of Tuxedo and protective of their health, safety and economic and general welfare to ensure high standards for the visual environment of certain properties in the Town of Tuxedo which have been designated by the Town Board. It is the intent of the Town Board to prevent excessive uniformity of exterior building design where such uniformity shall be deemed inappropriate and detrimental to the visual environment. It is also the intent of the Town Board to prevent excessive dissimilarity of exterior building design where such dissimilarity shall be deemed inappropriate and detrimental to the visual environment. It is the intent of the Town Board to preserve the aesthetic value of natural and man-made features and structures and to prevent the harmful effects of potentially unattractive or inappropriate projects and the use of potentially unattractive or inappropriate building materials insofar as they may affect the visual environment.
§ 98-64 Architectural models for dwellings in subdivisions.
Applicants for subdivision approval may, at their discretion, submit model plans for approval by the Planning Board. Upon approval by the Planning Board, up to 20% of the residences in a subdivision may be built in conformity with an approved model without further approval by the Planning Board. Construction of more than 20% the residences in a subdivision according to any one model or according to any non pre-approved plans is subject to prior approval by the Planning Board.
§ 98-65 Decisions.
A.
The Planning Board may approve any application referred to it upon finding that the building or structure for which they requested the permit, if erected or altered in accordance with the submitted plan, would be in harmony with the purpose of this Chapter, would not be visually offensive or inappropriate because of poor quality of exterior design, would not have monotonous similarity or striking visual discord in relation to the sites or surroundings, would not mar the appearance of the area, would not impair the use, enjoyment and desirability and reduce the values of properties in the area, would not be detrimental to the character of the neighborhood, would not prevent the most appropriate development and use of the site or of adjacent lands and would not adversely affect the functioning economic stability, prosperity, health, safety and general welfare of the entire community.
B.
The Planning Board may disapprove an application due to excessive similarity or excessive dissimilarity or noncompliance with the rules and regulations under one or more of the following conditions:
(1)
Excessive similarity to any other structure existing or for which a building permit has been issued or to any other structure included in the same permit application, facing upon the same or intersecting street and within 1,000 feet of the proposed site as measured along the center line of Route 17, in respect to one or more of the following features of exterior design or appearance: apparently identical front, side or other elevation visible from a street; substantially identical size and arrangement of either doors, windows, porticos or other openings or breaks in the elevation facing the street, including reverse arrangement; other significant identical features of design, including but not limited to material, routine, height or other design elements, provided that a finding of excessive similarity shall not only state that such similarity exists but that it is of such a nature as to be reasonably expected to provoke one or more of the harmful effects as described in this chapter.
(2)
Excessive dissimilarity or inappropriateness in relation to any other structures existing or for which a building permit has been issued or to any other structure included in the same permit application, facing upon the same or intersecting street within 500 feet of a proposed site, in respect to one or more of the following features: cubical contents, gross floor area, height and other significant design features, including but not limited to materials or quality of architectural design, provided that a finding of excessive dissimilarity shall not only state that such dissimilarity exists but that it is of such a nature as to be reasonably expected to provoke one or more of the harmful effects as described in this chapter.
C.
The Planning Board shall try to avoid undue financial hardship on any applicant in support of the intent of this chapter. However, the factor of increased construction cost will not automatically be considered indicative of undue hardship or excessive standards. It is not the responsibility of the Planning Board to provide design services to applicants.
D.
Any substantial change in siting or in the exterior appearance of an approved structure shall be subject to approval by the Planning Board. The Code Enforcement Officer shall notify the Planning Board of any previously approved structure that is undergoing substantial changes in exterior appearance.