[HISTORY: Adopted by the Village Board of the Village of Port Chester 12-19-1966; effective 12-30-1966. Amendments noted where applicable.]
Fees — See Ch. 175.
The Village Board of Trustees hereby finds that excessive uniformity, dissimilarity, inappropriateness or poor quality of design in the exterior appearance of any buildings erected, altered or extended in any neighborhood adversely affects the desirability of the immediate area and neighboring areas for residential and business 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 degeneration 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 chapter to prevent these and other harmful effects of such exterior appearance of buildings erected or altered in any neighborhood and thus to promote the health, safety and general welfare of the community, conserve the value of the buildings and encourage the most appropriate use of land within the incorporated area of the Village of Port Chester.
[Amended 5-2-1967; 12-28-1988 by L.L. No. 24-1988; 11-6-1995 by L.L. No. 8-1995; 7-16-2001 by L.L. No. 10-2001]
There is hereby created a Board of Architectural Review, which shall consist of seven members who shall serve without compensation. All members of the Board shall be residents of the Village of Port Chester and shall be specifically qualified by reason of training or experience in art, architecture or other relevant business or profession or by reason of civic interest and sound judgment to judge as to the effects of a proposed building upon the desirability, property values and development of surrounding area. At least one member of such Board shall be a registered architect in the State of New York. The members of such Board shall be appointed by the Village Board of Trustees. Members shall be appointed for a term of three years as the terms of existing members expire. If a vacancy shall occur otherwise than by expiration of term, it shall be filled by the Village Board of Trustees for the unexpired term. The Village Board of Trustees shall have the power to remove any member of the Board for cause and after public hearing. There shall also be one alternate member who shall attend all meetings of the Architectural Review Board and shall sit as a member when one of the regular members is absent or is otherwise unable to serve. The Board of Trustees shall designate the Chairman. The Building Inspector shall act as consultant to the Board.
Meetings of the Board of Architectural Review shall be held at least once a month or at such other times as the Chairman may determine. The Chairman or, in his absence, the Acting Chairman may administer oaths and compel the attendance of witnesses. 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 records 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 § 9-5 hereof. Every rule or regulation, every amendment or repeal thereof and every order, requirement, decision or determination of the Board shall be filed in the office of the Board, which shall be at the Village Rooms and shall be a public record.
[Amended 4-5-1982 by L.L. No. 9-1982; 11-3-1997 by L.L. No. 17-1997]
Every application for a building permit for construction, reconstruction, alteration or extension of any structure within the village shall be made simultaneously with the Building Inspector and the Architectural Review Board and, if said application conforms in all respects to all other applicable laws, and upon payment of a filing fee as set forth in Chapter 175, Fees, shall be noticed for review by the Architectural Review Board.
The Board of Architectural Review may disapprove any application for a building permit, provided that such disapproval shall be by a majority of the members of the entire Board, regardless of the quorum requirements for the transaction of business set forth in § 9-3 hereof, at any meeting where said vote is taken, and provided that the Board finds that the building for which the permit was applied would, if erected, be so detrimental to the desirability, property values or development of the surrounding area as to provoke one or more of the harmful effects set forth in § 9-1 hereof by reason of:
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 street and within 250 feet of the proposed site, in respect to one or more of the following features of exterior design and appearance:
Apparently identical facade.
Size, both in width and height.
Roofline and slope, including considerations to type such as gable, hip and projection of overhanging eave.
Fenestration and openings, both size and arrangement.
Basic exterior material, such as brick, stone, siding or shingle. Siding may vary horizontally or vertically.
Configuration of the front wall, that is, whether wings break in or out.
Location of additional masses or features, such as chimneys or other permanent exterior construction attached to the building.
Excessive dissimilarity 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 facing upon the same street and within 250 feet of the proposed site in respect to one or more of the following features:
Gross floor area.
Height of building or height of roof.
Other significant design features, such as material or quality of architectural design, provided that a finding of excessive dissimilarity shall state not only that such dissimilarity exists, but further that it is of such a nature as to be expected to provoke beyond reasonable doubt one or more of the harmful effects set forth in § 9-1, and that the finding is not based on personal preference as to taste or choice of architectural style.
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 § 9-1 hereof and that the finding is not based on personal preference as to taste or choice of architectural style.
The Building Inspector shall refuse any building permit application disapproved as provided in § 9-5 hereof. If the Board of Architectural Review shall fail to disapprove any such application referred to it within 30 days of the date of filing such application or if such Board shall approve any such application, the Building Inspector shall forthwith issue the building permit, provided that it conforms in all respects to all other applicable laws and ordinances.
[Amended 4-5-1982 by L.L. No. 9-1982; 11-3-1997 by L.L. No. 17-1997]
In addition to the powers hereinbefore given to the Board of Architectural Review, said powers are hereby extended so as to include the authority to examine, review, approve or disapprove applications for permits for signs, as regulated by the provisions of § 89, Subdivision 47, of Article 4-A of the Village Law. A fee as set forth in Chapter 175, Fees, shall be charged for said review for sign permits.
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 take an appeal therefrom to the Board of Appeals, pursuant to § 179-q of the Village Law, in the same manner as is provided for other zoning appeals, and such Board of Appeals, after proceeding in the same manner as is provided for other zoning appeals and with the same power and authority therein vested in passing under appeals before it under the provisions of law and this chapter and in the exercise thereof, may reverse or affirm or modify and affirm the action of the Board of Architectural Review and of the Building Inspector.
Editor's Note: See Ch. 98, Zoning.
Upon request of the Planning Board, the Architectural Review Board shall consult with and advise the Planning Board with respect to any site plan on which it is required to pass under the provisions of law or of this chapter.