[Added 4-17-2003 by L.L. No. 5-2003]
This article is enacted pursuant to the provisions of § 96-a
of the New York State General Municipal Law and the home rule powers
vested in the Village pursuant to the New York State Constitution
and New York State Municipal Home Rule Law. It is hereby declared
a matter of public policy that the protection, enhancement, perpetuation
and use of buildings, structures, places and sites of historic, architectural,
cultural or aesthetic value are a public necessity and purpose of
the Village. Architectural review shall be required as set forth herein
for the protection, enhancement, perpetuation and uses of places,
sites, buildings, structures and other objects having a special character
or special historical or aesthetic interest or value within zoning
districts Business B-1, Business B-2, Commercial, Industrial and Planned
Development, excluding existing single-family homes.
A.
It is the objective of this architectural review to:
(1)
Safeguard the heritage of the Village by preserving the historic
and architectural design in the Village which represents and reflects
elements of its cultural, social, economic, political and architectural
history, including but not limited to the Erie Canal and its Lock
24 which divides the Village and the many business properties which
are adjacent to and/or affected by the Erie Canal, the revitalization
of which has been the hallmark of the Village's waterfront and business
revival, economic growth and increase in property values in recent
years.
(2)
Protect and enhance the attractiveness of the affected zoning districts
to homebuyers, visitors, shoppers, and residents and thereby provide
economic benefits to the Village and its citizens.
(3)
Continue to conserve and improve the value of property within the
affected zoning districts and foster, encourage and promote the use
of the affected zoning districts for the education, enjoyment and
welfare of the citizens by civic pride and beauty.
B.
This architectural review is established to provide for review and
approval of the architecture, design, scale and style of new or reconstructed
properties within the affected zoning districts.
C.
To meet these objectives it is important to assure that the design
of new or reconstructed properties within the affected zoning districts
is harmonious with the Village's character. Excessive uniformity,
dissimilarity or inappropriateness of design shall be avoided. The
reasonable design criteria and design review established herein will
help achieve this goal and thereby serve to protect and enhance property
values, private investments and the character, interest, beauty and
general welfare of the Village.
A.
Creation. There is hereby created an Architectural Review Board (ARB)
for the Village, which is hereby charged with the responsibility of
carrying out the architectural and design review provided for in this
article. After such review it shall approve, modify and approve or
disapprove the proposed designs or changes in designs over which it
has jurisdiction.
B.
Membership. The ARB shall be comprised of five members, each of whom
shall be appointed by the Mayor, subject to the approval of the Village
Board of Trustees for a one-year term of office. The membership of
the ARB shall consist of the following: a member of the Village Planning
Board, who is recommended for appointment by the Planning Board; a
member of the Village Zoning Board of Appeals, who is recommended
by the Zoning Board of Appeals for appointment, and three other individuals
who are not officers of the Village. To be appointed as a member of
the ARB, an individual must be a resident of Onondaga County but need
not reside within the Village of Baldwinsville. The Mayor, subject
to the approval of the Village Board of Trustees, shall appoint a
Chairperson of the ARB from the appointed members who shall serve
as the Chairperson of the ARB during his or her term of office.
[Amended 10-7-2004 by L.L. No. 10-2004; 6-5-2008 by L.L. No.
2-2008]
The following shall be subject to architectural and design review
by the ARB, which shall be limited to the architectural style and
general arrangement of such portion of the exterior of a building
or structure as is designed to be open to view from a public street
or waterway, including the kind and texture of building materials,
siding materials, types of all windows, doors, lights, fences, signs
and other fixtures appurtenant to such portion within Business B-1,
Business B-2, Commercial, Industrial and Planned Development zoning
districts, excluding existing single-family homes:
A.
Site plan review. All buildings and structures, including associated
signs, which are the subject of the site plan review pursuant to New
York State law and/or the Village Code, except for clearing and grading
of land unconnected to any other activity or use requiring site plan
review.
B.
Building permits. All structures and buildings for which a building
permit is required pursuant to New York State law and/or the Village
Code.
C.
Signs. All signs for which a building permit is required pursuant
to Village Code.
D.
Exteriors. Any change in the exterior color, pattern, material or design of a building or structure, including the kind and texture of building materials, siding materials, types of all windows, doors, lights, fences, signs and other fixtures appurtenant to such portion described in Subsections A through C of this section, whether or not a building permit is required for such change.
E.
No action that is subject to architectural and design review by the
ARB as provided for under this section shall be permitted, performed,
undertaken, maintained or issued a building permit without the plan
for the architecture, design, style and scope of such action first
receiving the approval of the ARB pursuant to this article.
[Added 10-7-2004 by L.L. No. 10-2004]
F.
The approval by the ARB of the architecture, design, scale and style
of an applicable action shall have the effect of only granting permission
for the implementation, construction or development of the action
in accordance with all the architecture, design, scale and style elements
of the plan so approved. Such approval shall be deemed automatically
revoked if within six months from the date of said approval all required
architectural and design elements of such ARB-approved plan have not
been implemented, constructed, installed or otherwise complied with.
Upon application, the ARB may extend the period of approval for one
additional, consecutive six-month period.
[Added 10-7-2004 by L.L. No. 10-2004]
G.
The failure to obtain ARB approval, as herein provided, or the automatic
revocation of the ARB approval after there has been issued a contingent
certificate of compliance or a contingent certificate of occupancy
for the applicable action shall constitute a violation of this article.
[Added 10-7-2004 by L.L. No. 10-2004]
The following procedures shall apply:
A.
When applications for action are pending before the ZBA and/or PB,
architectural review shall be coordinated with the ARB. The ZBA and/or
PB shall make recommendations to the ARB. The ARB shall meet on or
before five business days after the date of filing of final action
of the ZBA and/or PB, whichever is the latest, as such date of final
action for filing for the ZBA and/or PB is established pursuant to
the New York State Village Law, and affirmatively determine whether
further architectural review is warranted. If the ARB fails to so
meet no further architect review shall be required and the architectural
features, if any, shall be as determined and recommended by the ZBA
and/or PB. The ARB shall not be required to act in final form upon
such recommendations within five days, just affirmatively determine
whether further architectural review is warranted.
B.
The Code Enforcement Officer shall, upon receipt of a complete building
permit application and of a written application for architectural
approval for which no building permit is required but is subject to
the jurisdiction of this article, forward same to the ARB for review
and action.
C.
An applicant may appeal the decision of the ARB to the Village Board
of Trustees by filing a written request with the Village Clerk, which
appeal must be taken within 30 days of the filing of the final determination
of the ARB with the Village Clerk. The Board of Trustees shall hold
a public hearing. The member of the Board of Trustees who is also
a member of the ARB shall be disqualified from sitting in review of
such appeal, but shall give written and/or oral testimony and evidence
in support of his or her decision before the Board of Trustees.
[Amended 6-19-2003 by L.L. No. 6-2003; 10-7-2004 by L.L. No.
10-2004]
D.
The ARB shall take such action as may be required to assure that
it possesses the necessary knowledge and expertise to implement architectural
review, including, but not limited to, availing itself of the knowledge
and expertise within the community and the hiring of experts for assistance
and guidance in general or for any specific pending architectural
review application, subject to appropriation by the BT.
E.
The ARB shall prepare and publish guidelines, rules, and regulations,
and amend them from time to time, to implement the intent of this
article and assist property owners in the efficient and expeditious
improvements to their property subject to review herein.
A.
Maintenance of character. The ARB is charged with maintaining the
desirable character of the Village and with disapproving the construction,
reconstruction, alteration or repositioning of buildings or structures
that are designed without consideration to the harmonious relation
of the new or altered structure to such structures as already exist
and/or to the setting and physical environment into which they or
such new or altered structure is placed.
B.
Assurance of harmony. The ARB is further charged with exercising
sound judgment and with rejection of plans which, in its opinion,
based on study and advice, are not of harmonious character because
of proposed style, scale, materials, mass, line, color, detail or
placement upon the property of proposed buildings or structures or
in relation to the spaces between buildings or the natural character
of the landscape or because of lack of provision for balance between
the proposed location and design of structures and adjacent open areas
or adjacent exiting structures, whether on or off the lot or site
in question.
C.
Nature of review. The ARB shall not design or assist in the design
of any buildings, structures or projects submitted to it for approval.
The ARB shall restrict its considerations to a reasonable and professional
review of the proposal and plans, leaving responsibility for design
and development to the applicant.
D.
Flexibility. Individual initiative and experimentation are not to
be discouraged unless necessary to carry out the duties of the ARB
hereunder. The ARB is not to use design review intentionally or inadvertently
to prohibit or unduly restrict alternative building types, materials
or methods, in cases where these alternatives can also fulfill the
purposes of this article.
E.
Basis for disapproval. Only the applicant's failure to take reasonable account of the considerations set forth in the § 345-75 and this section of this article shall justify the disapproval of a proposal.
F.
Other considerations. In its endeavor to improve the quality of a
design, the ARB shall keep considerations of cost in mind, but shall
not authorize a design violative of this article on the basis of cost.
The ARB shall not for any reason approve any plan or design in violation
of any requirement of New York State laws or the Village Code. To
this end, the ARB shall consult with the Code Enforcement Officer
whenever necessary and shall urge applicants to do so at the earliest
possible stage, as well.
