[HISTORY: Adopted by the Council of the City of Mount Vernon 1-25-1961 as Ch. 54
of the General Ordinances; amended in its entirety 11-24-2009, approved 11-25-2009. Subsequent
amendments noted where applicable.]
GENERAL REFERENCES
Zoning — See Ch. 267.
It is the purpose of this chapter to preserve the prevailing
aesthetic character of the City and its environs while permitting
originality and resourcefulness in building design and appearances
which are appropriate to their site and surroundings, yet preventing
such design and appearances that would be unnecessarily offensive
to visual sensibilities. The preserving and promoting of the character,
appearances and aesthetics of the City will serve to maintain the
property values within the City of Mount Vernon. Enhancing the attractiveness
of the residential and business areas of the City offers an economic
stability for the entire community. This chapter serves to provide
procedures for an architectural review of structures henceforth erected,
reconstructed or altered in the City to encourage good qualities of
exterior building design, appropriate appearances and to relate such
design and appearances to the surrounding sites and structures. It
is also the purpose of this chapter to prevent the harmful effects
of inappropriate exterior appearances of buildings erected, reconstructed
or altered in any neighborhood, thus promoting and protecting the
general welfare of the community and conserving the value of buildings.
The City Council hereby finds that structures and architectural
features with excessive uniformity, dissimilarity, inappropriateness
or poor quality of design in the exterior appearance of buildings
erected in any neighborhood adversely affects the desirability of
the immediate area and neighboring areas for residential and business
purposes or other use 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 of such areas, produces degeneration
of property in such areas with attendant deterioration of conditions
affecting the health, safety, comfort and general welfare of the inhabitants
and occupants thereof, and destroys a proper relationship between
the taxable value of real property in such areas and the cost of municipal
services provided therefor.
The Architectural Review Board of the City of Mount Vernon is
hereby created pursuant to Article 5, § 96-a, of the General
Municipal Law of the State of New York.
A.
Membership. The Architectural Review Board shall consist of five
members. The members of the Architectural Review Board shall be specially
qualified by reason of training or experience in art, architecture,
community planning, land development, real estate, landscape architecture
or other relevant business or profession or by reason of civic interest
and sound judgment to judge of the effects of a proposed building
upon the desirability, property values and development of surrounding
areas. One member of the Architectural Review Board shall be a licensed
architect duly registered in the State of New York and one member
shall be a licensed real estate broker duly registered in the State
of New York. The members shall be appointed, and the Chairman thereof
shall be designated by the Mayor.
B.
Meetings and records. The presence of three members of the Architectural
Review Board shall be necessary for a quorum, and the concurring vote
of three members shall be necessary to effect and decision before
the Architectural Review Board. The Board shall keep minutes of its
proceedings, showing the vote of each member on every question or,
if any member is absent or fails to vote, indicating that fact, and
shall also keep records of its examinations and other official actions.
Every rule, determination, regulation, amendment or appeal thereof,
and every order, requirement and decision of the Architectural Review
Board shall immediately be filed in the office of the Architectural
Review Board.
C.
Terms. The members of the Architectural Review Board shall be appointed
by the Mayor of the City of Mount Vernon as provided. To assure that
no more than two Board members' terms expire within any given
year, the new term of appointment for the first Board member's term
that expires in 2010 shall be five years, the new term of appointment
for the second Board member's term that expires in 2010 shall be four
years, and the new term of appointment for the third Board member's
term that expires in 2010 shall be three years. All subsequent new
terms of appointment for expiring Board member terms shall be five
years. In the event of any Architectural Review Board vacancy, the
Mayor shall appoint a member to fill the unexpired term. Each member
shall be entitled to one vote.
A.
General. The Architectural Review Board shall have all of the powers
and duties prescribed by General Municipal Law of the State of New
York and by this chapter, which powers and duties are summarized and
more particularly specified in the following. The Architectural Review
Board shall take into specific consideration the goals as well as
the specifics of this chapter.
B.
Rules and regulations. The Architectural Review Board may adopt such
rules and regulations as it deems necessary and proper to the performance
of its powers and duties hereunder and may amend or repeal the same.
C.
Amendments. Amendments to the rules and regulations adopted for the
governance and procedures of the Architectural Review Board shall
be made in the form of a vote to place such amendments on the next
agenda of the Architectural Review Board. No changes shall take effect
until placed upon such agenda, reviewed by the Architectural Review
Board staff and adopted pursuant to these regulations and any requirements
of applicable local and state law.
D.
Certificate of appropriateness review.
(1)
The Architectural Review Board must issue a certificate of appropriateness
related to the construction and site landscaping of any new structures
(primary and accessory) or the exterior improvement, alteration, remodeling,
repairing and/or enlargement of any existing structures, including
changes of materials, windows, doors, proposed fences, proposed retaining
walls, proposed freestanding walls, proposed ramps and any other exterior
building element(s) because of its architectural elements, colors,
design(s), materials, height, or mass prior to the issuance of a building
permit.
(2)
The Architectural Review Board may adopt a list of types of activities
of lesser impact for which the staff of the Department of Planning
and Community Development may grant certificates of appropriateness,
and may establish procedures for this purpose. The staff of Department
of Planning and Community Development may exercise discretion within
such listed activities to grant or deny certificates of appropriateness
or to determine that an action should instead be referred the Architectural
Review Board. An applicant may appeal the staff of the Department
of Planning and Community Development's decision to deny a certificate
of appropriateness under this section to the Architectural Review
Board.
E.
Recommendations.
(1)
Recommendations to the Zoning Board of Appeals. The Architectural
Review Board is empowered to make recommendations to the Zoning Board
of Appeals on area variance applications.
(2)
Recommendations to the Planning Board. The Architectural Review Board
is empowered to make recommendations to the Planning Board on site
plan applications.
(3)
Recommendations to the City Council. The Architectural Review Board
is empowered to review and make recommendations on matter or class
of matters referred to the Architectural Review Board by the City
Council prior to final action by the City Council being taken on said
matter(s).
F.
Design guidelines. The Architectural Review Board may establish and
enforce design guidelines subject to City Council approval as the
Architectural Review Board deems necessary and proper to the performance
of its powers and duties hereunder.
G.
Ancillary powers. Perform such other advisory duties as may be prescribed
in the City Code.
In considering a certificate of appropriateness, the Architectural Review Board shall be guided by the following standards prior to rendering a decision pursuant to § 10-7 of this chapter:
A.
The natural features of the site and surroundings, exterior design
and appearances of existing structures and the character of the surrounding
properties and neighborhood and its peculiar suitability for particular
purposes, with a view to conserving and enhancing the values of property
and encouraging the most appropriate use of land.
B.
The scale and mass of proposed new structures or additions to structures
in relation to the property itself, surrounding properties and the
neighborhood.
C.
The exterior materials, textures, colors, patterns, rhythms and styles
of a structure in relation to the structure itself, surrounding structures
and the neighborhood.
D.
The visual compatibility of a structure with surrounding properties
related to the facades of a structure, their proportion and arrangement
of windows, doors and other openings within the facade.
E.
The proposed action's consistency with the any design guidelines
established by the Architectural Review Board.
A.
Grounds for approval. The Architectural Review Board may approve
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(s), would:
B.
Conditions and safeguards. The Architectural Review Board may prescribe
such conditions or restrictions applying to the granting of the certificate
of appropriateness as it deems necessary in each specific case in
order to minimize the adverse effects of such developments upon other
property in the neighborhood and to protect the public health, safety,
welfare and property values. Such conditions or restrictions shall
be incorporated in the building permit and certificate of occupancy.
Failure to comply with such conditions or restrictions shall constitute
a violation of this chapter and may constitute the basis for denial
or revocation of a building permit or certificate of occupancy and
for all other applicable remedies such as but not limited to fines
and modification of the structure.
C.
Grounds for disapproval. The Architectural Review Board may disapprove
any application, provided that the Architectural Review Board finds
and states that the structure or building for which the permit was
requested would, if constructed, improved, built, altered, remodeled,
repaired and/or enlarged, create one of the following detrimental
effects:
(1)
Monotonous similarity to any other structure(s) located or proposed
to be located, such as but limited to setbacks from street lines,
heights, widths and lengths of elements of building design and exterior
materials and treatments in relation to the structure itself, surrounding
structures and the neighborhood;
(2)
Monotonous similarity related to the size and arrangement of either
doors, windows, other openings or breaks or extensions of the facade(s)
in relation to the structure itself, surrounding structures and the
neighborhood;
(3)
Striking dissimilarity or visual discord with respect to other structures
or buildings located or proposed to be located in the same area and/or
neighborhood, including but not limited to setbacks from street lines
and discontinuity with respect to streetwalls;
(4)
Striking dissimilarity or visual discord with respect to size and
arrangement of doors, windows, porticos, porches or garages or other
openings, breaks or extensions in the facade;
(5)
Striking dissimilarity or visual discord with respect to other significant
design features, such as but not limited to exposed mechanical equipment,
service and storage areas, signage areas, sign types, light fixtures,
fences, drainage, vents and utility meters;
(6)
Visual offensiveness or poor quality of the exterior materials, textures,
color, patterns, rhythms and styles of a structure in relation to
the structure itself, surrounding structures and the neighborhood;
(7)
Visual offensiveness or other poor qualities of the exterior design
of a structure, including but not limited to excessive and nonharmonious
divergences of the height or levels of any part of the structure from
the grade of terrain, or incompatibility of a proposed structure or
the refurbishing, reconstruction, alteration or expansion of an existing
structure with the terrain on which it is to be located, the failure
of the exterior design to complement and enhance the natural beauty
of its site, in regard to landscape, topography, paved areas and surrounding
structures.
A.
Application. All applications to the Architectural Review Board shall
be made by the owner or agent duly authorized, in writing, and shall
be on forms prescribed by the Architectural Review Board. Each application
shall fully set forth the circumstances of the case, shall refer to
the specific provision of the chapter involved and shall exactly set
forth, as the case may be, the details of any and all waivers or deviations
that are applied for and the grounds for which it is claimed that
the same should be granted.
B.
Review by other agencies. Upon receipt of a completed application,
the Architectural Review Board shall forward copies for review and
report such to any other officials and agencies as it deems appropriate.
C.
Public meeting. The Architectural Review Board shall conduct a public
meeting on any application or request made pursuant to this chapter.
The deliberations of the Architectural Review Board shall be conducted
publicly, and all votes on any matter before the Architectural Review
Board must be taken at a public meeting.
(1)
Sign posting. A sign as prescribed in the Architectural Review Board's
rules and procedures shall be posted along all street frontages of
the subject site at least 14 days prior to the meeting date. The applicant
shall file with the Architectural Review Board a duly sworn affidavit
attesting that such notification was completed.
(2)
Affidavit of sign posting. All required affidavits shall be filed
not less than nine days prior to the date of the public meeting.
D.
Action. Every decision of the Architectural Review Board shall be
by issuance or denial of a certificate of appropriateness, shall be
recorded and shall fully set forth the facts of the case and the findings
and conclusions on which it was based. Such certificate of appropriateness
shall be prepared. Such decision shall be made within 62 days of the
date of the public meeting.
E.
Expiration. Unless otherwise specifically set forth by the Architectural
Review Board in connection with its approval of a certificate of appropriateness,
such approval shall expire if a building permit is not issued within
one year from the date of approval and if all construction work is
not completed within two years of the date of issue of such permit.
Upon application to the Architectural Review Board, extensions totaling
a maximum of 12 months may be granted to each of these time periods
for appropriate cause. Such time limits shall be tolled by any judicial
proceedings to review the Architectural Review Board's decision.
F.
Compliance. The approved certificate of appropriateness in accordance with the submitted plan(s), and any conditions attached thereto, shall be complied with prior to the issuance of the certificate of occupancy pursuant to § 267-47 of the Mount Vernon Zoning Code. Certificate of appropriateness revisions pursuant to § 10-8G hereof shall be subject to the same approval procedure and requirements as the certificate of appropriateness review. Continued compliance with all such conditions shall be a requirement of the continued validity of the certificate of occupancy. Failure to comply with any certificate of appropriateness conditions or restrictions shall constitute a violation of this chapter and may constitute the basis for denial or revocation of a building permit or denial of a certificate of occupancy and for all other applicable remedies, such as but not limited to fines and modification of the structure.
G.
Amendments. Where unforeseen conditions are encountered which require
any change to an approved project design, or where the applicant wishes
to modify the approved project design for other reasons, an amended
certificate of appropriateness shall be filed for review and approval
in accordance with the same procedures required for an initial application.
The City Clerk is hereby specified as the officer who shall issue on behalf of the City the certificate of failure of the Architectural Review Board to take action as prescribed in § 10-8D of this chapter.
Any person aggrieved by the action of the Architectural Review
Board in disapproving a certificate of appropriateness application
may take an appeal to the Zoning Board of Appeals. The Zoning Board
of Appeals, after proceeding in the same manner as is provided for
zoning appeals and with the same power and authority therein vested
in passing upon appeals before it under the provisions of law and
in the exercise thereof, may reverse or affirm or modify and affirm
the action of the Architectural Review Board.
This chapter shall take effect immediately.
