[Adopted 12-14-2009 by L.L. No. 15-2009[1]]
[1]
Editor's Note: This local law provided that it shall take
effect on January 2, 2010, subject to acceptance and filing by the
Secretary of State.
A.
As soon as practicable, and in any event not more than 10 business days after receipt of a completed application for a building permit which is subject to § 24-6A(1)(g) or (h) of this chapter, the Code Enforcement Officer shall forward such application, together with the plans and other information set forth in Subsection B, to the Planning Board for architectural review thereof.
B.
Applications must be accompanied by plans showing all elevations
of new structures and all affected elevations in the case of additions
or alterations. Such plans shall show all details of exterior construction,
exterior colors including materials for exterior walls, doors, windows
and roofs. For all new structures, a site plan with a scale minimum
of one inch equals 20 feet must be submitted, showing the following:
(1)
Property lines, including curblines of adjacent streets.
(2)
Outline of existing and proposed structure, including walks, driveways,
terraces, walls and fences.
(3)
Location of existing adjacent buildings relative to the property
line.
(4)
Existing and proposed contours at two-foot intervals.
(5)
Existing trees and trees to be removed with a trunk diameter of four
inches or more at a point 12 inches above the ground.
(6)
All proposed plantings.
C.
The Code Enforcement Officer or the Planning Board may require submission
of all or a portion of the above information as part of the application
for an addition to an existing structure. The Code Enforcement Officer
or the Planning Board may require the applicant to furnish grades
and elevations of adjacent property and structures where they deem
this information applicable to a proper evaluation of the relationship
between existing and proposed structures.
In considering an application for architectural review and approval,
the Planning 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.
The Planning Board shall approve issuance of a building permit
by the Code Enforcement Officer for any application referred to it
upon 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 and the
Bay Village architectural theme, would not be visually offensive or
inappropriate by reason of poor quality of exterior design, would
not have monotonous similarity or striking visual discord in relation
to the adjacent 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, property,
health, safety and general welfare of the entire community.
In approving any application, the Planning Board may recommend
appropriate conditions and safeguards.
The Planning Board may deny any application for architectural
review, provided that said Board has afforded the applicant an opportunity
to confer upon suggestions for change of the plan and provided that
the Board finds and states that the structure for which the permit
was requested would, if erected or altered as requested by the applicant,
result in the following:
A.
Monotonous similarity to any other structure or structures located
or proposed to be located on the same street or a corner thereof and
within 250 feet of the site of the structure for which a building
permit is requested, in respect to one or more of the following features
of exterior design and appearance:
(1)
Substantially identical facade, disregarding color; or
(2)
Substantially identical size and arrangement of either doors, windows,
porticos, porches or garages or other openings or breaks or extensions
in the facade, including reverse arrangements; or
(3)
Other substantially identical features, such as but not limited to
setbacks from street lines, heights, widths and lengths of elements
of the building design and exterior materials and treatments.
B.
Striking dissimilarity, visual discord or inappropriateness with
respect to other structures located or proposed to be located on the
same street or a corner thereof and within 250 feet of the site of
the structure for which a building permit is requested, in respect
to one or more of the following features of exterior design and appearance:
(1)
Facade, disregarding color;
(2)
Size and arrangements of doors, windows, porticos, porches or garages
or other openings or breaks or extensions in the facade; or
(3)
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 and service and loading areas.
C.
Visual offensiveness or other poor qualities of exterior design,
including, with respect to signs, consideration of the harmony or
discord of colors, or incompatibility of the proposed structure with
the terrain on which it is to be located, including but not limited
to excessive divergences of the height or levels of any part of the
structure from the grade of the terrain.
D.
Lack of compatibility with the Bay Village architectural theme.
The Code Enforcement Officer shall deny any building permit
application subject to this article which has not received an approval
by the Planning Board.
If the Planning Board shall fail to vote on any application
referred to it within 45 days of the date of said referral, the application
shall be considered to have been approved unless the applicant shall
have agreed to an extension of time.
