The Board of Trustees 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 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; 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 Village of Ossining.
A.
There is hereby created a Board of Architectural Review which shall
consist of each member of the Planning Board who shall serve without
compensation. The terms of each member shall run concurrently with
his corresponding time on the Planning Board, and appointments of
new members shall be automatic as new members are appointed to the
Planning Board.
B.
The Chairman and Secretary of the Board of Architectural Review shall
be the same Chairman and Secretary serving on the Planning Board.
The Board of Architectural Review shall meet concurrently as does
the Planning Board. Special meetings, as required, may be held by
the Board at its discretion. All minutes, records, decisions or other
official actions will be recorded as part of the Planning Board's
records under the heading of architectural review and shall be filed
with the Village Clerk and become a public record.
A.
In all cases where site plan approval is required, as stated in other
sections of this chapter, the review by the Board of Architectural
Review for similarity, dissimilarity or inappropriateness shall be
given concurrently or prior to the Planning Board's review for site
plan approval. In all cases where site plan approval is not required
by the Planning Board, such as for one- and two-family residences
not part of a proposed subdivision, separate application shall be
made to the Board of Architectural Review, and approval is required
prior to the issuance of a building permit. In addition to any notice
as may be required by law, the Board of Architectural Review shall
cause notice of such application to be mailed at least 10 days before
the date scheduled for the review of such application by the Board
to all owners of property which lies within 300 feet of any boundary
line of the property which is the subject matter of the application
and to such other owners as the Board of Architectural Review may
deem advisable. The names of said owners shall be taken as they appear
on the last completed tax roll of the Village. Provided that due notice
shall have been given as otherwise required by law and that there
shall have been substantial compliance with the remaining provisions
of this section, the failure to give notice in exact conformance herewith
shall not be deemed to invalidate action taken by the Board of Architectural
Review in connection with such application.
B.
The Building Inspector shall promptly refer to the Board of Architectural Review 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 § 270-56 hereof by reason of:
(1)
Excessive similarity to any other existing structure or 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 Single-Family Residence District, and within
250 feet of the proposed site in any district other than a Single-Family
Residence District, with respect to one or more of the following features:
(a)
Apparently identical front or side elevations;
(b)
Substantially identical size and arrangement of either doors,
windows, porticoes or other openings or breaks in the elevation facing
the street, including reverse arrangement; or
(c)
Other significant identical features of design, such as, but
not limited to, materials, rooflines and height or other design elements.
(2)
Excessive dissimilarity in relation to any other existing structures,
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 a Single-Family Residence District, and
within 250 feet of the proposed site in any district other than a
Single-Family Residence 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:
(3)
Inappropriateness in relation to the established character of other structures in the immediate area or neighboring areas with respect to significant design features, such as material or quality 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 § 270-56 hereof and that the finding is not based on personal preference as to taste or choice of architectural style.
(4)
The Building Inspector shall refuse any building permit application
which is disapproved as provided in this section. If the Board of
Architectural Review shall fail to disapprove, or conditionally approve,
subject to specified modifications, any such application referred
to it within 45 days of the receipt of a complete application if such
Board shall approve any such application, the Building Inspector shall
forthwith issue the building permit, provided that it conforms in
all respects to all other applicable laws and regulations.
