Village of Cedarhurst, NY
Nassau County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of Cedarhurst 6-30-1975 by L.L. No. 12-1975. Amendments noted where applicable.]
A. 
It is the purpose of this chapter to promote the health, safety, comfort and well-being and general welfare of the community and to preserve and promote the character and appearances and conserve the property values of the Village of Cedarhurst by providing procedures for an architectural review of the exterior of all structures henceforth erected, reconstructed, altered or remolded in all zoned districts, except dwellings used exclusively as one- and two-family residences, other than nonconforming dwellings and lots used exclusively as and for one- and two-family residences, located in any zoned district in the Village of Cedarhurst, so as to:
[Amended 4-7-2003 by L.L. No. 3-2003; 1-3-2005 by L.L. No. 1-2005]
(1) 
Encourage good qualities of exterior building design and good appearances and to relate such design and appearances to the sites and surroundings of structures;
(2) 
Permit originality and resourcefulness in building design and appearances which are appropriate to the sites and surroundings; and
(3) 
Prevent such design and appearances as are offensive to visual sensibilities or as will change the character of the area.
B. 
The Board of Trustees of the Village of Cedarhurst hereby finds that structures which are inappropriate by reason of poor qualities of exterior design or striking visual discord in relation to their sites or surroundings mar the appearances of their areas, impair the use, enjoyment and desirability and reduce the values of properties, are detrimental to the characters of neighborhoods, prevent the most appropriate development and utilization of land and therefore adversely affect the functioning, economic stability, prosperity, health, safety and general welfare of the entire community.
[Amended 5-2-1977 by L.L. No. 13-1977]
There is hereby created a Board of Architectural Review consisting of so many members as shall be determined by the Board of Trustees and who shall serve at the convenience of the Mayor. All members of the Board shall be residents of the Village of Cedarhurst and shall be specifically qualified by reason of training or experience in architecture or other relevant business or profession or by reason of civic interest and sound judgment to judge the effects of a proposed building or alteration or remodeling thereof upon the desirability, property values and development of surrounding areas.
Meetings of the Board of Architectural Review shall be held at the call of the Chairperson and at such other times as the Board shall determine, but shall be held as soon as possible but not later than 20 days after the date of any application for a building permit referred to the Board as required in § 8-4 of this chapter. The Board may hold a public hearing when it deems the same to be in the public interest. A majority of said Board shall constitute a quorum for the transaction of business. The Board shall keep minutes of its proceedings showing the vote of each member upon each question, or if absent or failing to vote, indicating such fact and shall also keep copies of its examinations and other official actions. The Board shall have power from time to time to adopt, amend and repeal rules and regulations not inconsistent with law or the provisions of this chapter, governing its procedure and the transaction of its business and for the purpose of carrying into effect the standards outlined, in § 8-5 hereof.
A. 
Subject to the limitations in § 8-1 of this chapter, every application for a building permit for the construction, reconstruction, alteration or remodeling of any structure within any zoned district, affecting the height, lot coverage, exterior treatment, facade, sign or awning, shall be referred to the Board of Architectural Review, with the following exceptions:
[Amended 5-2-1977 by L.L. No. 14-1977; 7-9-1984 by L.L. No. 6-1984; 4-7-2003 by L.L. No. 4-2003; 1-3-2005 by L.L. No. 1-2005]
(1) 
When the Board of Trustees considers an application for a change of zone and, as part of its decision, sets forth a required height, lot coverage, exterior treatment, facade, sign and/or awning.
(2) 
Where the Board of Trustees acts as a Planning Board and considers an application for a special exception and, as part of its decision, sets forth requirements for the height, lot coverage, exterior treatment, facade, sign and/or awning.
(3) 
Where the Board of Zoning Appeals, in considering an application for a variance or special exception and as part of its decision, sets forth the required height, lot coverage, exterior treatment, facade, sign and/or awning.
B. 
Applications must be accompanied by plans showing all elevations of new structures and all affected elevations in the case of additions alteration or remodeling and such details as to elements of designs, exterior materials and treatments, roof structures, exposed mechanical equipment, service and storage areas, retaining walls, landscaping, signs, light posts, parking areas and fences, service and loading areas and such other information as the Board of Architectural Review may require. When required by the Building Official or by the Board of Architectural Review, a site plan shall be submitted showing both existing and proposed conditions. The Board may also require photographs of all buildings within 250 feet of the proposed structure, addition, alteration or remodeling.
A. 
Approval of any building permit shall be by a vote of at least a majority of the members of the Board of Architectural Review.
B. 
In considering an application for a permit, the Board shall take into account natural features of the site and 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.
C. 
The Board may approve an application referred to it finding that the building or structure for which the permit was requested, 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 by reason of poor quality of exterior design or 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 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 and in general comply with the following standards and criteria:
(1) 
The proposed architectural design should be suitable for a good suburban community in terms of external architectural features, general design and arrangement, texture, color, line, mass, dimension, material and lighting.
(2) 
The proposed structure, building or improvement should be compatible with existing well-designed structures, acceptable to the Board, in the vicinity and in the Village as a whole, making the Village a more attractive and desirable place in which to live.
(3) 
The proposed freestanding buildings should use the same or architecturally harmonious materials, color, texture and treatment for all visible walls; and, in the case of partially freestanding buildings, should use the same or architecturally harmonious materials, color, texture and treatment on all portions of all exterior walls exposed to public view.
(4) 
In terms of design, material, texture, color, lighting, landscaping, dimension, line, mass or roofline and height, the proposed structure building or improvement should be designed to exhibit characteristics likely not to deteriorate rapidly, not be of temporary or short-term architectural or aesthetic acceptability, should not be plainly offensive to human sensibilities or otherwise constitute a reasonably foreseeable detriment to the community.
(5) 
The Board of Architectural Review and the Village Board shall not adopt or impose any specific architectural style in the administration of this chapter.
D. 
In approving any application, the Board may impose appropriate conditions and safeguards designed to prevent the harmful effects set forth in § 8-1.
(1) 
Such conditions and safeguards may include screening, planting, fencing or other methods of keeping from view obviously unsightly features of such buildings or structures.
(2) 
The Board may disapprove any application for a permit, provided that the Board has afforded the applicant an opportunity to confer upon suggestions for change of the plan which would make the same conform with this chapter, and provided that the Board finds and states that the building or structure for which the permit was requested would, if erected, altered or remodeled as indicated, provoke one or more of the harmful effects desired to be avoided by the purposes of this chapter as set forth in § 8-1 by reason of striking dissimilarity, visual discord or inappropriateness with respect to other business or commercial structures located or proposed to be located on the same street or a corner thereof in respect to one or more of the following features of exterior design and appearance:
(a) 
Facade, including color.
(b) 
Size and arrangement of doors, windows porticos or other openings, breaks or extensions in the facade.
(c) 
Other significant design features, such as but not limited to heights, widths and lengths of elements of design, exterior materials and treatments, roof structures, exposed mechanical equipment, service and storage areas, retaining walls, landscaping, signs, light posts, parking areas and fences, service and loading areas.
(d) 
Visual offensiveness or other poor qualities of exterior design, including considerations of the harmony or discord of colors or incompatibility of the proposed building or structure with the terrain on which it is to be located, including but not limited to excessive divergences of the height of levels of any part of the structure from the grade of the terrain.
(3) 
In considering the application to remodel any existing gasoline station, the Board of Architectural Review, in addition to the powers herein granted, may impose such limitations on the exterior colors and materials, lighting and other features as it deems advisable to carry out the purpose of this chapter.
[Amended 1-3-2005 by L.L. No. 1-2005]
The Board of Architectural Review shall advise with respect to the buildings and such other matters as the Mayor and the Board of Trustees and the Board of Appeals may refer to it or as may be granted it pursuant to other laws or ordinances. The Board of Architectural Review shall also advise the Mayor and the Board of Trustees, Superintendent of the Building Department and all the other Village agencies with reference to desirable and effective use of signs for the purpose of enhancing and maintaining the natural beauty and cultural aesthetic standards of the Village of Cedarhurst. Except in those situations set forth in § 8-4A(1), (2) and (3) herein, no building permit shall be issued or an application required to be submitted hereunder if the Board of Architectural Review does not approve the application. If the Board of Architectural Review shall fail to approve or disapprove any application referred to it under § 8-4 within 30 days of the date of referral of such application to it, the application shall be deemed approved.
Any applicant aggrieved by the action of the Board of Architectural Review in disapproving a building permit application and of the Building Official in denying such permit because of such disapproval, may request the Board to make formal findings of fact. In the event of such a request, the Board should make such findings of fact within 15 days after the request is filed in the Village Clerk's office and shall thereafter provide the applicant with an opportunity to answer the findings by submission of formal proof and shall reconsider the application on the basis of such answer. If the application is disapproved after such reconsideration, the applicant may appeal from such action of the Board of Architectural Review to the Board of Zoning Appeals. Such appeal shall be taken within 30 days after the decision of the Board of Architectural Review has been filed in the Office of the Village Clerk-Treasurer.
[Amended 1-6-1986 by L.L. No. 2-1986; 10-6-1997 by L.L. No. 9-1997]
Any owner, lessee, tenant, general agent, architect, builder, contractor, subcontractor, workman, employee or any other person, unless stated otherwise herein, who knowingly commits, takes part or assists in any violation of this chapter or who maintains any building or premises in which any violation of this chapter shall exist shall, for each and every violation and for each and every day that such violation continues, be subject to penalties as set forth in Chapter 1, Article III, General Penalty.
[Added 1-6-1986 by L.L. No. 2-1986]
A. 
In addition to the remedies hereinbefore provided, the Mayor, the Board of Trustees or the Building Official, acting in the name of the Village, or any person aggrieved, acting in his or her own name, shall have the right and power to enforce the provisions of this chapter by injunction or otherwise as provided by law.
B. 
The imposition of the penalties herein prescribed shall not preclude the Village Attorney from instituting any appropriate action or proceeding to prevent an unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance or use or to restrain, correct or abate a violation or to prevent an illegal act, conduct, business or use in or about any premises.