The Town Board hereby finds that excessive uniformity,
dissimilarity, inappropriateness or poor quality of design in the
exterior appearance of physical facilities erected in any area or
district adversely affects the desirability of the immediate area
and neighboring areas for residential, business, industrial and recreational
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
degradation of property in such areas with attendant deterioration
of conditions affecting the health, safety and general welfare of
the community and destroys 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
or structures erected or altered and/or site revisions in any area
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 unincorporated portion of the Town.
There is hereby created the position of Architectural
Consultant. Such Architectural Consultant shall be specially qualified
by reason of training or experience in art, architecture, community
planning, land development or landscape architecture, and by reason
of civic interest and sound judgment to judge the effects of a proposed
physical facility upon the desirability, property values and development
of surrounding areas and shall be a registered architect in the State
of New York. The Architectural Consultant shall be appointed by the
Town Board for the term of three years.
The Town Board, Planning Board and Board of Appeals shall refer such matters pertaining to proposed site and building development as they shall deem appropriate to the Architectural Consultant for review and report. The Architectural Consultant shall advise the referring Board as to each application referred to him and may recommend disapproval of any building permit, provided that such Architectural Consultant finds the structure or physical facility for which the permit was applied would, if erected or altered, be so detrimental to the desirability, property values or development of the surrounding areas as to provide one or more of the harmful effects set forth in §
350-87 hereof by reason of:
A. Excessive similarity
to any other structure existing 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 of the
proposed site in respect to one or more of the following features
of exterior design and appearance:
(1) Apparently
identical front or side elevations.
(2) Substantially
identical size and arrangement of either doors, windows, porticos
or other openings or breaks in the elevation facing the street, including
reverse arrangement.
B. Other significant identical features of design, such as but not limited to material roofline and height or other design elements, provided that a finding of excessive similarity shall state not only that such excessive similarity exists but that it is of such a nature as to be reasonably expected to provoke one or more of the harmful effects set forth in §
350-87 herein.
C. Excessive dissimilarity in relation to any other structures existing 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 respect to one or more of the following features: cubical contents, gross floor area, height of the building or height of the roof or other significant design features such as materials or quality of architectural design, provided that a finding of excessive dissimilarity shall state not only that such excessive dissimilarity exists but that it is of such a nature as to be reasonably expected to provoke one or more of the harmful effects set forth in §
350-87 hereof and that the finding is not based on personal preferences as to taste or choice or architectural style.
D. Inappropriateness in relation to the established character of other structures in the immediate area or neighboring areas in respect to significant design features such as material or quality or architectural design, provided that a finding of inappropriateness shall state not only that such inappropriateness exists but that it is of such a nature as to be reasonably expected to provoke one or more of the harmful effects set forth in §
350-87 herein and that the finding is not based on personal preference.