A.
Findings.
(1)
Excessive similarity, dissimilarity or inappropriateness
of design in the exterior appearance of residential buildings in relation
to the prevailing appearance of residential buildings in the vicinity
thereof would adversely affect the desirability of the immediate area
and neighboring areas for residential purposes.
(2)
Inappropriateness or excessive dissimilarity of design
in the exterior appearance of residential buildings in relation to
the characteristics of design generally prevailing in the Village
would discourage the most appropriate use of land throughout the Village.
(3)
Such excessive similarity, dissimilarity or inappropriateness
would impair the benefits of occupancy of existing residential property,
impair the stability and value of both improved and unimproved real
property, produce degeneration of residential property, with attendant
deterioration of conditions affecting the health, safety and morals
of the inhabitants of the Village and destroy a proper relationship
between the taxable value of real property and the cost of municipal
services provided therefor.
(4)
The identity of a community is founded on its past;
and the historic, architectural, cultural and natural resources of
a community constitute its heritage. The designation and protection
of historic landmarks will assure preservation of the community's
heritage, foster civic pride in the accomplishments of the past and
help ensure harmonious and orderly growth of the community in a manner
which recognizes and protects its historic resources.
[Added 9-1-1992 by L.L. No. 3-1992]
B.
It is the purpose of this chapter to prevent these
and other harmful effects and thus to preserve and enhance the character,
historical interest, beauty and general welfare of the community.
[Amended 9-1-1992 by L.L. No. 3-1992]
A.
There is hereby created a Board of Architectural Review,
consisting of five members, who shall serve without compensation.
When the names "Board of Review" and "Board of Architectural Review"
appear in the text of this Code, it shall be understood that the official
name is "Board of Architectural Review and Historic Preservation."
[Amended 8-4-1986 by L.L. No. 7-1986; 9-1-1992 by L.L. No. 3-1992]
B.
All members of said Board shall be residents of the
Village of North Haven and shall be persons deemed by the Board of
Trustees to be qualified by reason of training, experience or civic
interest and by reason of sound judgment to determine the effects
of a proposed building, group of buildings or plan of a building development
on the desirability, property values and development of surrounding
areas and on the development of the Village as a whole. In addition,
all Board members shall have a demonstrated interest, competence or
knowledge of historic preservation.
[Amended 9-1-1992 by L.L. No. 3-1992]
[Amended 8-4-1986 by L.L. No. 7-1986]
A.
The members of the Board of Architectural Review shall
be appointed by and the Chairman thereof shall be designated by the
Mayor, subject to the approval of the Board of Trustees.
B.
Two alternate members of the Board shall be appointed
in the same manner to serve as substitutes for absent members. An
alternate member shall act only as a proxy by request of the absent
member.
[Amended 8-4-1986 by L.L. No. 7-1986]
A member of the Board shall request from the
Board of Trustees a leave for an absence longer than one month. Upon
the granting of a leave of absence, the Mayor shall appoint, subject
to the approval of the Board of Trustees, a substitute member to serve
during the period of absence.
[Amended 9-1-1992 by L.L. No. 3-1992]
Each member shall serve for a term of three
consecutive years. Terms shall be staggered so that the terms of two
members expire in a given year, the terms of two members expire in
the following year and the term of one member expires in the second
year following the given year.
The Board of Trustees shall have the power to
remove any such member for cause after public hearing and by majority
vote of said Board.
Vacancies shall be filled for the unexpired
term of any member whose place has become vacant.
[Amended 8-4-1986 by L.L. No. 7-1986]
The Building Inspector may act as Secretary
of the Board of Architectural Review, or the Board may appoint a Secretary,
as said Board may determine.
[Amended 8-4-1986 by L.L. No. 7-1986]
Meetings of the Board of Architectural Review
shall be held at such times as the Board may determine and otherwise
at the call of the Chairman.
The Chairman, or in his absence the Acting Chairman,
may administer oaths and compel the attendance of witnesses.
A majority of the members of the Board shall
constitute a quorum for the transaction of business.
[Amended 9-1-1992 by L.L. No. 3-1992]
The Board shall keep minutes of its proceedings,
showing the vote of each member on each question or, if absent or
failing to vote, indicating such fact and shall also keep records
of its examination, decisions and other official actions.
B.
Every rule or regulation, every amendment or repeal
thereof and every order, requirement, decision or determination of
the Board shall immediately be filed in the office of the Board and
shall be a public record. The Board's decision shall state the reasons
for denying or modifying an application.
[Amended 9-1-1992 by L.L. No. 3-1992]
[Added 9-1-1992 by L.L. No. 3-1992]
A.
The Board shall maintain the desirable character of
the Village and disapprove the construction, reconstruction and alteration
of buildings that are designed without consideration of the harmonious
relation of the new or altered building to such buildings as already
exist.
B.
The Board shall exercise sound judgment and shall
reject plans which are not of harmonious character because of proposed
style, materials, mass, line, color or detail, or which do not provide
for the location and design of structures and open spaces so as to
create a balanced and harmonious composition as a whole, as well as
in the relationship of its various parts.
C.
The Board, when reviewing plans for altering or renovating the exterior of an historic landmark, shall disapprove any changes which do not retain its historic features and which are not compatible with the historic character of the property when applying those principles included in § 163-66C. The Board shall also apply those principles when considering an application for demolishing or moving an historic landmark.
D.
In consultation with the Village Historian and other
qualified historical preservation authorities, the Board shall identify
properties which possess any of the following qualities:
(1)
Possesses special character or historic or aesthetic
interest or value as part of the cultural, political, economic or
social history of the locality, region, state or nation.
(2)
Is identified with historic personages.
(3)
Embodies the distinguishing characteristics
of an architectural style.
(4)
Is the work of a designer whose work has significantly
influenced an age.
E.
Upon selection of an historic landmark, the Board
shall recommend to the Board of Trustees that it receive such official
designation.
(1)
Within 30 days of receiving a proposal from
the Board of Architectural Review for designation of property as an
historic landmark, the Board of Trustees shall notify the owner(s)
of such property by certified mail. The notice shall include a description
of the property proposed for designation and shall set a date, not
later than 45 days from the date of the notice, for a public hearing
on the proposed designation. Notice of the hearing shall be published
in the official newspaper(s) of the Village at least five days prior
to the date of the hearing.
(2)
Once the Board of Architectural Review has proposed
a property for historic landmark designation to the Board of Trustees,
no building permit with respect to such property shall be issued by
the Building Inspector until the Board of Trustees has officially
accepted or rejected the proposal for historic landmark designation
of said property.
(3)
The Board of Architectural Review, property
owner(s) and other interested parties may present testimony or documentary
evidence at the hearing which will become part of the record concerning
the historic, architectural or cultural importance of the proposed
historic landmark. The record may also include public comments presented
at the hearing.
(4)
The Board of Trustees shall accept or reject
the recommendation of the Board of Architectural Review to designate
individual properties as a landmark.
(5)
Properties designated by the Board of Trustees
as historic landmarks shall be entered on an official Historic Landmark
Map and shall be identified by the Suffolk County Real Property Tax
Numbers. The map shall be filed in the offices of the Village Clerk
and the Suffolk County Clerk.
[Amended 8-4-1986 by L.L. No. 7-1986; 11-2-1987 by L.L. No.
7-1987; 4-4-1994 by L.L. No. 2-1994]
When an application is made for a building permit, the Building Inspector shall promptly, after such application has been duly filed, refer said application to the Board of Architectural Review. Any such application would include the specific location and a narrative or other description of any utility structure such as described in § 163-31E proposed for this site.
If any residential building for which a building
permit is sought is one of a group of six or more residential buildings
proposed to be constructed in the same vicinity, none of which buildings
are to be situated at a distance of more than 200 feet from some other
building of the group, whether or not such buildings are to be constructed
on contiguous plots and whether or not the permits for the other buildings
of the group are applied for by the same applicant, said application
shall be accompanied by a plan of building development for the entire
group, clearly setting forth the entire site layout and the designs
of the exterior appearance of all the proposed buildings of the group.
[Amended 8-4-1986 by L.L. No. 7-1986]
The Board of Architectural Review shall disapprove any application for a building permit referred to it if the Board finds by a majority vote of the members of the whole Board that the building for which the permit is sought or any building of a group of buildings covered by the permit would, if erected, be so detrimental to the character, property values or development of the surrounding residential area or of the Village as a whole as to produce one or more of the harmful effects set forth in § 163-51 by reason of:
A.
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 in
respect to one or more of the following features of exterior design
and appearance:
[Amended 1-4-2007 by L.L. No. 1-2007]
(1)
An apparently identical facade.
(2)
Substantially identical size and arrangement of either
doors, windows, porticoes or other openings or breaks in the facade
facing the street, including reverse arrangements.
(3)
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 further that it is of such a nature to produce one or more of the harmful effects set forth in § 163-51.
B.
Excessive dissimilarity or inappropriateness of design
in relation to any other structure existing for which a permit has
been issued or to any other structure included in the same permit
application or inappropriateness or excessive dissimilarity of design
in relation to the characteristics of residential building design
generally prevailing in the Village, in respect to one or more of
the following features:
[Amended 6-1-1999 by L.L. No. 2-1999; 2-3-2004 by L.L. No. 1-2004; 1-4-2007 by L.L. No. 1-2007]
(1)
Cubical contents.
(2)
Gross floor area.
(3)
Height of building or height of roof.
(4)
Other significant design features, such as, but not limited to, construction material or quality of architectural design, provided that a finding of excessive dissimilarity or inappropriateness of design shall include not only that such dissimilarity or inappropriateness exists but further that it is of such a nature as to produce one or more of the harmful effects set forth in § 163-51.
C.
Excessive alteration or inappropriateness of design
which substantially changes the architectural character and/or features
of an historic landmark and thereby diminishes its historic significance
and value.
[Added 9-1-1992 by L.L. No. 3-1992]
(1)
In assessing changes, the following principles shall
be considered:[1]
(a)
Landmarks shall be retained with their historic
features altered as little as possible.
(b)
Any alteration of a landmark shall be compatible
with its historic character.
(c)
New construction shall be compatible with its
associated landmark.
[1]
Editor's Note: Helpful guidelines for the
preservation of historic features are contained in the Secretary of
the Interior's Standards for Rehabilitation and Guidelines for Rehabilitating
Historic Buildings, published initially in 1976, revised and expanded
in 1983, revised again in 1990 and codified at 36 CFR 67.
(2)
In applying the principle of compatibility, the Board
shall consider the following factors:
(a)
The general design, character and appropriateness
to the landmark of the proposed alteration or new construction.
(b)
The importance of historic, architectural or
other features to the significance of the landmark.
(c)
The scale of proposed alteration or new construction
in relation to the landmark itself, surrounding properties and the
Village as a whole.
(d)
Texture, materials and color and their relation
to similar features of other properties in the neighborhood.
(e)
Visual compatibility with surrounding properties,
including proportion of the property's front facade, proportion and
arrangement of windows and other openings within the facade, roof
shape, and the rhythm of spacings of properties on streets, including
setbacks.
[Amended 8-4-1986 by L.L. No. 7-1986]
In disapproving any application for a building
permit, the Board of Architectural Review may specify modifications
in the design of the building or buildings or any of them that will
be adequate to render the same acceptable under the provisions of
this chapter.
[Amended 8-4-1986 by L.L. No. 7-1986]
A.
The Building Inspector shall not issue any building permit for which the application has been disapproved by the Board of Architectural Review as provided in §§ 163-66 and 163-67, unless the plans for such building have been changed to embody any modifications in design that the Board of Architectural Review may have specified as adequate to render such design acceptable.
B.
If the Board of Architectural Review approves an application,
the Building Inspector shall issue the permit applied for, if the
same conforms to the provisions of all other applicable laws and ordinances.
[Amended 10-3-2000 by L.L. No. 8-2000]
[Amended 8-4-1986 by L.L. No. 7-1986]
A.
When a plan of residential building development for six or more buildings, including designs of the exterior appearance of such buildings, is submitted to the Board of Architectural Review as provided in §§ 163-64 and 163-65, the Board may approve or conditionally approve such plan of building development and such building designs in accordance with the standards set forth in §§ 163-66 and 163-67.
B.
Within two years after approval by the Board of Architectural Review of any such building development plan and building designs, the Building Inspector shall, on application conforming to the provisions of all other applicable laws and ordinances, issue permits for buildings conforming to such approved building development plans and building designs, including any conditions attached to such approval, without referring the applications therefor to the Board of Architectural Review as provided in §§ 163-64 and 163-65.
[Added 8-4-1986 by L.L. No. 7-1986]
With the purpose of encouraging the most appropriate use of land throughout the Village, the Board of Architectural Review may, in accordance with § 163-46B(4), recommend to the Zoning Board of Appeals a variance in the minimum livable floor area requirements set forth in this chapter.
[Amended 8-4-1986 by L.L. No. 7-1986]
Every subdivision plat filed with the Planning
Board shall be referred to the Board of Architectural Review within
three days after the date on which the same was duly filed, and the
Board of Architectural Review shall, within 30 days after said date
of filing, report its recommendations thereon, if any, to the Planning
Board. In considering any such plat, the Board of Architectural Review
may require the proposed developer of the land covered by the plat
to submit a plan of proposed building development, including drawings
showing the designs of the exterior appearance of all proposed buildings.
[Amended 8-4-1986 by L.L. No. 7-1986]
Any person aggrieved by the action of the Board
of Architectural Review in disapproving a building permit application
and of the Building Inspector in denying such permit because of such
disapproval may appeal therefrom to the duly constituted Board of
Appeals of the Village, and the Board of Appeals after proceeding
in the same manner as is provided for zoning appeals and with the
same power and authority vested in said Board of Appeals when passing
upon appeals before it under the provisions of the Village Law, may
reverse, modify or affirm the action of the Board of Architectural
Review or of the Building Inspector.
