Williamsville City Zoning Code
§ 112-23
Planning/Architectural Review Board.
[Amended 10-15-2013 by L.L. No. 8-2013; 5-26-2015 by L.L. No. 7-2015]
A.
Purpose and intent.
(1)
It is the purpose of this chapter to:
(a)
Preserve and promote the character and appearances and conserve the property values of the Village, the attractiveness of whose residential and business areas is the economic mainstay of the community, by providing procedures for a site plan and architectural review of structures henceforth erected, reconstructed or altered in any MU, NMU, R-3M and M-1 District, as well as any proposed subdivision of land into four or more buildable lots within any district;
(b)
Encourage good qualities of exterior design and appearances and to relate such design and appearances to the sites and surroundings;
(c)
Permit originality and resourcefulness in building design and appearances which are appropriate to the sites and surroundings;
(d)
Prevent such designs and appearances as are unnecessarily offensive to visual sensibilities or out of character with the valued historic building forms within the Village;
(e)
Foster the attractiveness and functional utility of the community as a place to live and work;
(f)
Encourage, where appropriate, a mix of uses within permissible use zones;
(g)
Raise the level of community expectations for the quality of its built environment; and
(h)
Promote the Village Land Use Vision as adopted in the Village Community Plan.
(2)
The Village Board shall hereby concur that any building or structure found by the Planning/Architectural Review Board to be visually offensive or inappropriate by reason of poor quality of exterior design, by excessive similarity or striking visual discord in relation to its site or surroundings mars the appearance of its area; is detrimental to the character of its neighborhood; prevents the most appropriate use and development of land; and therefore adversely affects the economic stability, prosperity, health, safety and general welfare of the entire community.
(3)
This section is enacted under the authority of Subparagraphs (a)(12) and (d)(3) of the New York State Village Law § 7-718, Municipal Home Rule Law § 10(1)(ii) and Municipal Home Rule Law § 22, and it further is the expressed intent of the Village Board of Trustees to change and supersede New York State Village Law § 7-718(4) in relation to the length of terms of the members of the Planning/Architectural Review Board such that those terms shall be of such duration as the Village Board may establish by local law or resolution.
[Added 5-26-2020 by L.L. No. 5-2020]
B.
Creation of the Planning/Architectural Review Board. There is hereby created a Planning/Architectural Review Board, which shall consist of seven members appointed by the Board of Trustees to serve such terms established by the Board of Trustees. Alternate members shall be appointed by the Board of Trustees, to serve for such terms established by the Board of Trustees. All members shall be residents of the Village. The Board of Trustees shall annually choose one member to serve as Chairperson. The Board of Trustees shall have the power to remove any member for cause. Vacancies shall be filled for the unexpired term of any member whose place has become vacant. The Building and Zoning Clerk or other Board of Trustees designee shall serve as the Secretary to the Board.
[Amended 5-26-2020 by L.L. No. 5-2020]
(1)
Alternate Planning/Architectural Review Board member. The position of alternate Planning/Architectural Review Board member is hereby created for purposes of substituting for Board members in the event that a Board member is unable to serve because of a conflict of interest or for any other reason. The Village Board shall have the power to appoint up to two alternates. The Planning/Architectural Review Board Chairperson may designate an alternate or alternate member(s) when such member(s) is/are unable to participate for the reasons set forth herein. Such alternate member(s) shall have all the powers and responsibilities of such member(s) of the Planning/Architectural Review Board. Such designation shall be entered into the minutes of the initial Planning/Architectural Review Board meeting at which the designation(s) occurred.
(2)
Effective date. This subsection shall take effect immediately upon its filing with the New York State Department of State.
C.
Referrals. The Planning/Architectural Review Board shall review all applications in the following categories:
(1)
R-3M and Mixed Use Districts:
(a)
For lots zoned R-3M, any proposed action described in § 112-15A(4);
(b)
For lots zoned MU, any proposed action described in § 112-16A(4);
(c)
For lots zoned NMU, any proposed action described in § 112-17A(4).
(d)
For all lots, a redevelopment plan or interim landscaping plan required under § 12-4.
[Added 11-25-2019 by L.L. No. 7-2019]
(2)
For lots zoned M-1:
(a)
All applications for the construction or reconstruction of any building or structure.
(b)
All plans for any exterior alteration or addition to any building or structure or for which the Code Enforcement Officer estimates the cost to be in excess of $10,000.
(c)
All plans for the erection of a permanent sign as required under Chapter 84, Signs, of the Village Code.]
(d)
For all lots, a redevelopment plan or interim landscaping plan required under § 12-4.
[Added 11-25-2019 by L.L. No. 7-2019]
(3)
For lots in any district:
(a)
All proposals involving the subdivision of land into four or more buildable lots.
(b)
All plans or proposals which, in the opinion of the Zoning Enforcement Officer, violate the intent of this chapter.
[Amended 6-12-2023 by L.L. No. 4-2023]
(c)
All proposals by the Village Board for revisions of the Comprehensive Plan, Zoning Map and zoning of specific land areas.
D.
Permit required.
(1)
No activity subject to site plan or architectural review shall be undertaken, or a permit issued therefor, without approval from the Planning/Architectural Review Board.
(2)
Prior to the Planning/Architectural Review Board making a determination on any application subject to site plan and/or architectural review, the applicant may request, or the Planning/Architectural Review Board may, at its discretion, require, a preliminary sketch plan conference to review basic design concepts and generally determine the information to be required for the Board to make its determination on the application. At any such sketch plan conference, the applicant shall provide a statement of rough sketch describing what is proposed, as well as an area map depicting the lot under consideration and all properties, streets and easements within 200 feet of the boundaries thereof.
(3)
Upon a finding by the Planning/Architectural Review Board that, due to special conditions peculiar to a site, certain information normally required as part of the application for site plan and/or architectural review, as specified below, is inappropriate, unnecessary or may cause extraordinary or unnecessary hardship, the Board may waive the provision of such information, provided that such waiver will not impair the ability of the Board to fully review such application or have the effect of nullifying the intent and purpose of these procedures.
E.
Site plan approval.
(1)
Any application requiring site plan approval shall be accompanied by the following information:
(a)
Proposed use.
(b)
Cost of project.
(c)
Current survey showing all existing buildings, lot lines and fences sealed by a licensed surveyor.
[Amended 11-26-2018 by L.L. No. 13-2018]
(d)
Site plan, to scale, showing all properties, structures, streets and easements within 500 feet of the applicant's property and location of all proposed structures.
(e)
Parking, including number of spaces, ingress, egress, buffers, drainage, lighting and lot surface.
(f)
Proposed site improvements, including fences, culverts, retaining wall, etc.
(g)
Compliance with Uniform Code regarding handicapped access and parking.
(h)
Access for firefighting.
(i)
Recommendation from the Traffic and Safety Committee, if the application involves any planned alteration in movement of vehicular traffic on the property, the addition or subtraction of on-site parking or the addition or elimination of any curb cut on the property.
(j)
Recommendation from the Environmental Advisory Council, if a landscape plan is required pursuant to § 57-3 of this Code.
(k)
SWPPP, if required for the proposed land development activity under § 112-28 of this chapter, together with the recommendation of the SMO to approve, approve with modifications, or disapprove the SWPPP pursuant to § 112-28D of this chapter. If a SWPPP is submitted pursuant to this section, the site plan and SWPPP shall meet with the requirements of § 112-28 of this chapter.
(2)
A plan for the location and removal of snow during snowfall events.
(3)
In acting on any proposed site plan development, the Planning/Architectural Review Board shall take into consideration the following:
(a)
The requirements of any Village Development Plan, Comprehensive Plan and/or the Official Map as the same may have been adopted.
(b)
The proposed location of principal and accessory buildings and any other site improvements.
(c)
The relation to one another of traffic circulation within the site, height and bulk of buildings, provisions for off-street parking space, provision of buffer areas and other open spaces on the site so that any development will adequately handle pedestrian and vehicle traffic within the site and in relation to the street system adjoining.
(d)
Snow removal provisions.
(e)
Location of permanent signage.
(f)
Adequate off-street parking, where applicable.
(g)
Proper drainage and stormwater management pursuant to § 112-28 of this Code, road alignment, and other aspects which may require review by engineering authorities.
[Amended 11-26-2018 by L.L. No. 13-2018]
(h)
Lighting.
(i)
Lot surface.
(k)
Landscaping.
(m)
With respect to any application relating to a lot or lots within the R-3M District, conformance with the applicable Multiple-Dwelling Residential District design standards set forth in § 112-15.
F.
Architectural review.
(1)
Any application involving the proposed construction or exterior alteration of a building or structure shall be accompanied by the following information:
(a)
Elevations of exterior design fronting on any public street.
(b)
Samples of exterior colors, materials, roofing, window and door design.
(c)
All anticipated signage and location of all existing and proposed signage.
(d)
Cost of the project.
(e)
Landscaping.
(f)
Sealed drawing if project value is in excess of $50,000.
(2)
In acting on any proposed project under architectural review, the Planning/Architectural Review Board shall take into consideration the following:
(a)
The natural features of the site and its surroundings, exterior design and appearances of existing structures and the character of the district and its peculiar suitability for particular purposes, with a view to conserving the values of property and encouraging the most appropriate use of land.
(b)
The building, if erected or altered, would be in harmony with the purpose of this chapter; would not be visually offensive or inappropriate by reason of poor quality of exterior design, excessive similarity or striking visual discord in relation to the site or surroundings; 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 utilization of the site or of adjacent lands; and would not adversely affect the functioning, economic stability, prosperity, health, safety and general welfare of the community.
(c)
Excessive similarity or striking dissimilarity to any other structure or structures located or proposed to be located on the same street or within 150 feet of the site would, if erected, provoke one or more of the following effects:
(d)
Visual offensiveness or other poor qualities of exterior design with respect to signs, harmony and discord of colors or incompatibility of the proposed structure with the terrain on which it is to be located, such as divergences of the height or levels of any part of the structure from the finished grade level.
(e)
With respect to any application relating to a lot or lots within the R-3M District, conformance with the applicable Multiple-Dwelling Residential District design standards set forth in § 112-15.
G.
Hearing; notice; decision.
(1)
The Planning/Architectural Review Board may, at its discretion, hold a public hearing on any application reviewed hereunder. If the Board elects to hold such hearing, it shall be scheduled within 62 days from the date of the submission of said application, and notice thereof shall be published in the official Village newspaper at least 10 days prior to the date thereof. Notice of the public hearing shall also be posted by the Code Enforcement Officer on the property that is subject to the hearing in a manner such that the notice can be viewed from a public street.
(2)
The Planning/Architectural Review Board shall render its decision on an application within 62 days after either the public hearing, or, if no such hearing is held, the submission of a complete application; provided that the time within which the Board must render its decision may be extended by mutual consent of the applicant and the Board.
(3)
The Planning/Architectural Review Board shall approve, approve with modification(s) or disapprove an application; provided that, prior to disapproval, the applicant has been afforded an opportunity to confer upon suggestions for any change(s) to the proposed action.
(4)
Approval of any application hereunder shall be by a majority vote of the Planning/Architectural Review Board's members.
(5)
The decision of the Planning/Architectural Review Board shall be filed in the office of the Village Clerk within five business days of the vote thereon and a copy mailed to the applicant.
H.
Waivers or deviation from requirements.
(1)
Except as provided herein, whenever the Planning/Architectural Review Board shall determine, pursuant to evidence and documentation submitted by an applicant, that strict conformance to the design standards governing such application is impractical or impossible, the Planning/Architectural Review Board may, in its discretion, waive or vary the provisions set forth in such design standards provided that the applicant shall, to the maximum extent practicable, mitigate any adverse consequences associated with such failure to adhere to said design standards.
(2)
In exercising its authority hereunder, under no circumstances shall the Planning/Architectural Review Board grant any waiver or deviation from any applicable dimensional requirement by more than 50%.
(3)
The authority granted under this section is not be mandatory on the Planning/Architectural Review Board, and if the Planning/Architectural Review Board shall not allow such deviation, the sole remedy of the applicant shall be pursuit of a variance, if otherwise available pursuant to § 112-24 of the Code and/or New York State Village Law Section 7-712-b, by the Zoning Board of Appeals.
(4)
Notwithstanding the provisions of Subsection H(1) above or any other provision herein, the Planning/Architectural Review Board is not authorized to grant such a waiver or deviation from any dimensional requirement related to the overall height, or minimum or maximum number of stories, of any building or structure; the minimum number of parking spaces required; or the location of parking lots or spaces in relation to any buildings or structures. Any such request to deviate from such dimensional requirement(s) may only be granted by the Zoning Board of Appeals pursuant to the standards governing area variances under § 112-24 of the Code and New York State Village Law Section 7-712-b.[3]
I.
Compliance required; amendments. No permit shall be issued, nor any work performed, with respect to a site except in conformance with the site plan, architectural or other applicable approval granted hereunder. Any material deviation from any site plan, architectural or other approval granted hereunder shall require approval by the Planning/Architectural Review Board pursuant to such procedures as the Planning/Architectural Review Board, in consultation with the Code Enforcement Officer and/or Zoning Enforcement Officer, deems appropriate given the nature of the proposed modifications.
[Added 12-11-2023 by L.L. No. 5-2023; amended 10-23-2023 by L.L. No. 1-2024]