The Common Council hereby finds that 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, business,
or other purposes and by so doing 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, contributes
to the degeneration of property in such areas with attendant deterioration
of conditions affecting the health, safety, and general welfare of
the community, and contributes to the diminution of the taxable value
of real property in such areas and its ability to support the municipal
services provided therefor. It is the purpose of this article 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
buildings, and encourage the most appropriate use of land within the
City of Port Jervis.
The Planning Board of the City of Port Jervis shall act as the
Design Review Board for the purposes of this chapter. At any time
the Common Council of the City of Port Jervis may appoint individuals
to serve as the Design Review Board. Those individuals shall serve
at the pleasure of the Common Council and may be terminated by a simple
majority.
Meetings of the Design Review Board may be held concurrently with, or separately from, the regular meetings of the Planning Board. A majority of said Board shall constitute a quorum for the transaction of business. The Design Review Board shall keep minutes of its proceedings. All reports, recommendations or decisions made by the Board must have the approval of the majority of the Board and shall be officially filed with the City Clerk-Treasurer. All meetings of the Board shall be open to the public. Applicants before the Design Review Board shall provide a full set of plans and accompanying data for its use and permanent file. The applicant shall not take any action prior to receiving a decision from the Design Review Board. The Design Review Board must take action within 45 days of the date of any referral to the Board of a completed application as required in § 535-98. The applicant may be requested to appear to review with the Board any submission to it. The Design Review Board shall have the power from time to time to adopt, amend and repeal rules and regulations not inconsistent with this chapter.
A.
Concurrent review. In all cases where site plan approval is required,
as stated in other sections of this chapter, or where subdivision
approval is required, the review by the Design Review Board for similarity,
dissimilarity, or inappropriateness of structures shall be given,
if at all possible, concurrent with the Planning Board's review for
subdivision and/or site plan approval. If the architectural plans
and designs are not advanced enough to permit simultaneous review,
the Planning Board may act but condition its final approval on subsequent
design review.
B.
Action independent of Planning Board. In all cases where site plan
approval is not required by the Planning Board, such as for one- and
two-family residences, and for remodeling and renovation projects,
separate application shall be made to the Design Review Board and
approval is required prior to the issuance of a building permit.
C.
Referrals. The Building Official shall promptly refer to the Design Review Board every application for a building permit. Such Board may approve, or conditionally approve, subject to specified modifications, or disapprove any application for a building permit, provided that such Board finds the structure or building, if erected or altered as proposed in the application for building permit, would be so detrimental to the desirability, property values, or development of the surrounding areas as to be the cause of one of the harmful effects set forth in § 535-95 hereof.
D.
Recommendation to Building Official. The Building Official shall
refuse any building permit application which is disapproved as provided
herein. If the Design Review Board shall fail to disapprove, or conditionally
approve subject to specified modifications, any such application referred
to it within 45 days of the date of filing of such application, or
if such Board shall approve any such application, the Building Official
shall forthwith issue the building permit, provided that it conforms
in all respects to all other applicable laws and regulations.
E.
Exclusion. This chapter shall not apply to a residential accessory
structure on individual property when not part of a major or minor
subdivision. Furthermore, no design review shall be required for the
alteration of the interior of any structure, or for the normal maintenance
and repair of the exterior of any structure.
The Design Review Board shall base its recommendations on the following criteria. No building or structure or land development shall 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 § 535-95 by reason of:
A.
Excessive similarity. Excessive similarity to any other existing
structure or one for which a permit has been issued, or to any other
structure included in the same permit application, facing upon the
same or intersecting street and within 500 feet of the proposed site
as measured along center lines of streets in a residence district,
and within 250 feet of the proposed site in any nonresidential district
in respect to one or more of the following features of exterior design
and appearance:
(1)
Apparently identical elevations as they relate to form, proportion,
texture and color;
(2)
Substantially identical size and arrangement of either doors, windows,
porticos, or other openings or breaks in the elevation facing the
street, including reverse arrangement;
(3)
Other significant identical features of design, such as, but not limited to, material, roofline and height, or other design elements, provided that a finding of excessive similarity shall state not only that such excessive similarity exists but also that it is of such a nature as to be reasonably expected to provoke one or more of the harmful effects set forth in § 535-95; or
(4)
Other significant identical features of site design, such as, but
not limited to, setbacks and alignment with street and other structures.
B.
Excessive dissimilarity. Excessive dissimilarity in relation to any
other structures existing or for which a permit has been issued, or
to any other structures included in the same permit application, facing
upon the same or intersecting street and within 500 feet of the proposed
site as measured along center lines of streets in any residence district,
and within 250 feet of the proposed site in any nonresidential district,
in respect to one or more of the following features, provided that
the finding is not based on personal preference as to taste or choice
of architectural style:
(1)
Cubical contents.
(2)
Gross floor area.
(3)
Height of building or height of roof.
(4)
Other significant design features, such as types of materials used,
the durability of materials and the texture of the buildings, roof
structures, chimneys, exposed mechanical equipment, service and storage
enclosures, signs, landscaping, retaining walls, fencing, lighting
posts and standards.
C.
Inappropriateness. Inappropriateness in relation to the established character of other structures in the immediate area or neighboring areas with respect to the significant design features, such as the texture, color, character (style), and form of architectural design, provided that the Board shall find that the inappropriateness which exists is of such a nature as to be reasonably expected to be the cause of one or more of the harmful effects set forth in § 535-95 hereof and that the finding is not based on personal preference as to taste or choice of architectural style.
Any person aggrieved by the action of the Design Review Board
in disapproving a building permit application and of the Building
Official in denying such permit because of such disapproval may take
an appeal therefrom to the Zoning Board of Appeals in the same manner
as is provided for other zoning appeals, and such Zoning Board of
Appeals, with the same power and authority therein vested in passing
upon appeals before it under the provisions of law and these regulations,
and in exercise thereof, may reverse or affirm, or modify and affirm,
the actions of the Design Review Board and of the Building Official.
The Design Review Board is hereby directed to formulate a clearly
stated procedural outline designed to carry out the intent of this
chapter. Such procedure shall be submitted to the Common Council for
approval in the form of a Common Council resolution.
A.
Employees and expenses. The Design Review Board shall have the power
and authority to employ experts and staff and to pay for their services
and such other expenses as may be necessary and proper, not exceeding,
in all, the appropriation that may be made for such Board. Legal counsel
for the Design Review Board shall be the Planning Board Attorney.
B.
Fees. Every application for review by the Design Review Board shall
be accompanied by a fee as prescribed by the fee schedule of the City
of Port Jervis.
