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, remodeled 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 impairs 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 article to prevent these
and other harmful effects of such exterior appearance of buildings
and related exterior improvements erected or altered in any neighborhood
so designated for architectural review 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 Village of Spencerport.
The area in which this article applies shall be known as the
"Architectural Review District" or "ARD." The Architectural Review
District shall consist of the following areas of the Village of Spencerport:
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B Districts: commercial
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C Districts: industrial
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A.
No person or entity shall carry out any exterior alteration, restoration,
reconstruction, removal, demolition, new construction or relocation
within the ARD, nor shall any person or entity make any material change
in the appearance of such a property, its light fixtures, monument
signs (but not including temporary signs), parking, site plan, sidewalks,
fences, steps, paving or other exterior elements visible from a public
street or alley, or from the Erie Canal, without first obtaining a
certificate of appropriateness from the Zoning Board of Appeals. The
certificate of appropriateness required by this article shall be in
addition to and not in lieu of any building permit or other permit
or approval required by law.
B.
Exceptions to certificate of appropriateness requirement. No certificate
of appropriateness shall be required for:
(1)
Ordinary maintenance and repair of any architectural feature in the
ARD which does not involve a change in design, material, color or
the outward appearance thereof.
(2)
Construction, reconstruction, alteration or demolition of any exterior
architectural feature in the ARD which is ordered by any governmental
authority to remove dangerous or unsafe conditions.
A.
The Zoning Board of Appeals shall review and advise on all of the
following:
(1)
All applications for the construction of any new building or structure.
(2)
All applications for alterations or additions to any building or
structure.
(3)
Repainting, residing or altering of the exterior of any building
or structure which results in a change of color or materials.
(4)
Design of monument signs.
(5)
Landscaping and landscape architecture.
(6)
Exterior lighting design.
(7)
Parking.
B.
Sketch plan. A preliminary conference may be held between the Board
and the applicant prior to the preparation and submission of a formal
application. The intended purpose of such a conference is to enable
the applicant to inform the Board of his proposal prior to the preparation
of a detailed submission and to provide the Board with an opportunity
to review the basic design concept, to advise the applicant as to
potential problems and concerns and to generally determine the information
to be required on the formal submission.
C.
Application requirements. The Board shall require an application
which shall include, but not be limited to, the following:
(1)
A plan or plans drawn at a scale adequate to clearly indicate the
following:
(a)
The dimensions, orientation and area of the building plot with
setback dimensions clearly indicated.
(b)
The size, shape and location of existing and proposed construction
and relationship to adjacent properties, buildings, structures, waterways
and rights-of-way.
(c)
A summary of areas of existing or proposed buildings and an
indication of their proposed uses.
(d)
Locations of existing streets, points of entry and egress for
motor vehicles and locations and layout of all paved areas, including
off-street parking and loading facilities.
(e)
All existing and proposed topography.
(f)
Locations of existing and proposed plantings and screening devices,
walls, fences, railings and their height and the materials of their
construction.
(g)
Indication of exterior lighting adequate to determine its character
and to enable review of possible hazards and disturbances to the public
and adjacent properties.
(h)
Indication of other potential disturbances to the public and
adjacent properties due to noise or odors to be emitted from the proposed
use.
(2)
Photographs of the site and adjacent areas and structures sufficient
to provide adequate representation thereof.
(3)
Samples of exterior building materials and finishes and color palette
for painted surfaces.
(4)
Detailed drawings of decorative elements.
(5)
Location, size and design of exterior signage.
(6)
Sectional drawings to explain the character of the design.
(7)
All site plan applications submitted to the Zoning Board of Appeals.
(8)
Complete and accurate exterior elevations of all facades, drawn at
a scale adequate to show clearly the appearance of all proposed buildings
and structures.
D.
(Reserved)
E.
Waiver of requirements. The Board may waive any of the requirements
of this article where, due to character, size, location or special
circumstances, any particular information, or the preliminary conference,
is not required in order for the Board to properly perform its review.
A.
The Board shall disapprove any application referred to it if the
Board finds that the application, if granted, would be detrimental
to the character, property values or development of the surrounding
area or of the Village of Spencerport as a whole by reason of any
of the following:
(1)
Excessive similarity of design 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, on a plot abutting on the
same street and within 500 feet of the proposed site in respect to
one or more of the following features of exterior design and appearance:
apparently identical facade; substantially identical features, such
as, but not limited to, doors, windows, porticoes or other openings
or breaks in an elevation, including reverse arrangement; or other
significant identical features, such as, but not limited to, construction
material, roofline and height or other design elements, provided that
a finding of excessive similarity of design shall include not only
that such similarity exists but also that it is of such a nature as
to produce harmful effects.
(2)
Excessive dissimilarity of design or inappropriateness of design
or of site plan in relation to any other building or structure existing
or for which a building permit has been issued, or to any other building
or structure included in the same permit application, on a plot abutting
on the same street and within 500 feet of the proposed site, or inappropriateness
or excessive dissimilarity of design in relation to the characteristics
of building design generally prevailing in the Village, in respect
to one or more of the following features: cubical contents; gross
floor area; height of building or height of roof; other significant
design features, such as, but not limited to, construction material
or quality or architectural design; or yard dimensions, provided that
a finding of excessive dissimilarity or inappropriateness of design
shall include not only that such dissimilarity or inappropriateness
exists but also visual offensiveness, inappropriateness, inconsistency
of design or other poor qualities of exterior design, including considerations
of the harmony or discord of colors or materials or incompatibility
of the proposed building or structure with the terrain on which it
is to be located, including but not limited to excessive divergencies
of the height or levels of any part of the building or structure from
the grade of the terrain that are of such a nature as to produce harmful
effects.
(3)
A finding that the building or structure for which the permit was
requested, if erected or altered in accordance with the submitted
plan, would not be in harmony with the purpose of this article; would
be visually offensive or inappropriate by reason of poor quality of
exterior design or inappropriateness of design of site plan in relation
to any other building or structure; would mar the appearance of the
area; would impair the use, enjoyment and desirability or reduce the
values of properties in the area; would be detrimental to the character
of the neighborhood; would prevent the most appropriate development
and utilization of the site or of adjacent lands; or would adversely
affect the functioning economic stability, prosperity, health, safety
and general welfare of the entire community.
B.
In disapproving any application, the Board may specify modifications
in the design of the buildings or structures or any of them or in
requirements as to yard dimensions that will be adequate to render
the same acceptable under the provisions of this article.
C.
Conditions of approval. In approving any application, the Board may
impose appropriate conditions and safeguards designed to prevent harmful
effects.
A.
With the purpose of encouraging the most appropriate use of land
throughout the Village, the Board may vary the minimum floor area
requirements set forth in this chapter of the Village of Spencerport,
as amended, so as to reduce said requirements by not more than 10%
if, by reason of greater lot frontages or areas or side yard widths
or less percentage of lot coverage by building area than are specified
by said chapter of the Village of Spencerport, or by reason of the
provision of public or common open space as part of the development
or exceptionally skillful lot arrangement and site design, the result
of said variation will be in harmony with the character of the neighborhood.
B.
With the purpose of achieving the most appropriate design in furtherance
of the purposes of this article, the Board, in passing on any application
before it, may modify the requirements of said chapter so as to permit
minor encroachments on required yards by railings, bays, chimneys
or other architectural details or so as to permit minor variations
with respect to the location of accessory buildings or structures,
provided that no accessory building or structure shall in any case
be permitted to encroach on any front or side yard.
A.
Any person aggrieved by any action of the Board may appeal therefrom
pursuant to the provisions of Article 78 of the New York Civil Practice
Laws and Rules.
A.
All work performed pursuant a certificate of appropriateness issued
under this article shall conform to any requirements included therein.
The Building Inspector shall inspect such work to assure compliance.
In the event that work is found that is not being performed in accordance
with the certificate of appropriateness, the Building Inspector shall
issue a stop-work order, and all work shall immediately cease. No
further work shall be undertaken on the project as long as a stop-work
order is in effect.
B.
The Building Inspector is further authorized and empowered to enforce
compliance with all other provisions of this article.
The following provisions are applicable for violations of this
article:
A.
Criminal remedy. Failure to comply with any of the provisions of
this article shall be deemed a violation, and the violator shall be
liable for a fine of not less than $100 nor more than $250 for each
day the violation continues.
B.
Civil remedy. Any person whose violations of this article result
in changes to a property which violate the terms and conditions of
a certificate of appropriateness, or in the absence of a certificate
of appropriateness, shall be required to restore the property and
its site to its appearance prior to the violation. Any action to enforce
this subsection shall be in addition to, and not in lieu of, any criminal
prosecution and penalty.
By authority of Municipal Home Rule Law § 10, Subdivision
1, Paragraph (ii), Subparagraph e, Clause (3), this article shall
supersede any inconsistent provisions of the New York State Village
Law § 7-712-a, Subdivision 4, pertaining to the voting requirements
by the Zoning Board of Appeals. Such supersession shall apply only
to appeals reviewed under this article.
