[HISTORY: Adopted by the Board of Trustees
of the Village of Sea Cliff 9-17-1979 by L.L. No. 33-1979, effective
10-15-1979. Amendments noted where applicable.]
This chapter shall be known and may be cited
as the "Architectural Design Review Law of the Incorporated Village
of Sea Cliff."
The Board of Trustees hereby finds that excessive
similarity, dissimilarity or inappropriateness of design in the exterior
appearance of buildings in both residence and business districts,
as designated and defined by the Zoning Law of the Incorporated Village
of Sea Cliff,[1] in relation to the prevailing appearance of buildings
in the vicinity thereof adversely affects the desirability of the
immediate areas for residential purposes; that inappropriateness or
excessive dissimilarity of design in the exterior appearance of buildings
in such residence and business districts in relation to the characteristics
of design generally prevailing in the Village discourages the most
appropriate use of land throughout the Village and that such excessive
similarity, dissimilarity or inappropriateness impairs the benefits
of occupancy of existing residential property, impairs the stability
and value of both improved and unimproved real property, produces
degeneration of both residential and business property, with attendant
deterioration of conditions affecting the health, safety and morals
of the inhabitants of the Village, and destroys a proper relationship
between the taxable value of real property and the cost of municipal
services provided therefor. It is the purpose of this chapter to prevent
these and other harmful effects and thus to promote and protect the
health, safety and general welfare of the community.
For the purpose of this chapter, the definitions of the terms used herein and the usage of words shall be the same as in Chapter 138, Zoning, insofar as the same pertain.
There is hereby created a Board of Architectural
Review, consisting of five members who shall serve without compensation.
All members of said Board shall be residents of the Village of Sea
Cliff and shall be persons deemed by the Board of Trustees to be qualified,
by reason of training, experience or civic interest and by reason
of sound judgment, to determine the effects of a proposed building,
group of buildings or plan of building development on the desirability,
property values and development of surrounding areas and on the development
of the Village as a whole. The members of the Board of Architectural
Review shall be appointed and the Chairman thereof shall be designated
by the Mayor with the approval of the Board of Trustees. The term
of office of each member shall be three years. The Board of Trustees
shall have the power to remove any such member for cause after public
hearing. Vacancies shall be filled for the unexpired term of any member
whose place has become vacant. The Building Inspector shall act as
Secretary to the Board of Architectural Review.
[Added 5-8-2023 by L.L. No. 5-2023]
A.
The Board
of Trustees finds that it is in the best interests of the Village
residents to create two positions of alternate member of the Board
of Architectural Review to participate on applications and other matters
where a member or members are unable to participate in a matter or
meeting for any reason.
B.
In addition to regular members appointed and serving pursuant to § 38-4 of this chapter, the Mayor is hereby authorized to appoint, subject to the approval of the Board of Trustees, two alternate members to the Board of Architectural Review to serve as provided herein.
C.
Each alternate
member shall serve for a term of two years, expiring at the end of
the Village official year, except that in the first year of the application
of this section, to stagger the terms, one alternate member shall
be appointed for one year and one for two years. Their successors
shall be appointed for terms of two years after the expiration of
the terms of their predecessors in office. If a vacancy shall occur
otherwise than by expiration of term, it shall be filled by the Mayor
for the unexpired term, subject to approval of the Village Board of
Trustees. The Board of Trustees shall have the power to remove any
alternate member for cause, after a public hearing, if one is requested
by the alternate member.
D.
The Chair
of the Board of Architectural Review, or in the Chair’s absence
the designated Acting Chair, may designate an alternate member to
substitute for a regular member when such member is unable to participate
on an application or applications or attend a meeting. The alternate
member shall be designated prior to the initial meeting of each application
where regular member is unable to participate, when practical, and
attend, deliberate and vote in every meeting and action taken by the
Board of Architectural Review thereafter during the review of the
application in place of the member being substituted. Once designated
to serve on a particular matter before the Board, the alternate member
shall have the same powers, duties, and responsibilities as a regular
member of the Board until that matter is concluded. When so designated,
such designation shall be entered into the minutes of the initial
Board meeting at which the substitution is made and each meeting thereafter
at which that hearing continues. Any determination by the Board including
alternate members shall have the same weight and be entitled to the
same authority as any act of the Board.
E.
Although
alternate members of the Board may attend all meetings of the Board,
they shall have no power to participate in any actions of the Board
except as provided herein.
F.
All provisions
of state law, as well as any provisions of any local law, relating
to Board of Architectural Review attendance, conflict of interest,
compensation, eligibility, vacancy in office, removal, training, compatibility
of office and service on other boards, shall apply to alternate Board
of Architectural Review members.
Review by the Board of Architectural Review
shall be required of the following:
A.
Applications for building permits. The Board of Architectural
Review shall review all building permit applications involving the
exterior appearance of buildings and shall approve, modify and approve,
or disapprove same.
B.
Applications for the development or subdivision of
land.[1] The Board of Architectural Review shall review all applications
for the development or subdivision of land and shall report its recommendations
thereon, if any, to the Planning Board. When such application includes
designs of the exterior appearances of buildings proposed to be erected
in such development or subdivision, the Board shall approve, modify
and approve, or disapprove same.
When an application for the development or subdivision
of land includes designs of the exterior appearances of buildings
proposed to be erected in such development or subdivision and the
Board of Architectural Review has approved or modified and approved
such building designs within the development or subdivision, the Building
Inspector shall, at any time within two years after approval by the
Board, and provided that there has been compliance with all applicable
laws and provisions of this Code, upon application by the developer
or his authorized agent, issue permits for the erection of buildings
conforming to such approved building designs, including any modifications
thereto, without further referring the application to the Board of
Architectural Review.
A.
The Board of Architectural Review shall disapprove any application for a building permit referred to it if the Board finds that the building for which the permit is sought or any building of a group of buildings covered by the permit would, if erected, be so detrimental to the character, property values or development of the surrounding residential or business area or of the Village as a whole as to produce one or more of the harmful effects set forth in § 38-2 by reason of:
(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 250 feet of the proposed
site, in respect to one or more of the following features of exterior
design and appearance:
(a)
Apparently identical facade;
(b)
Substantially identical size and arrangement of either
doors, windows, porticoes or other openings or breaks in the facade
facing the street, including reverse arrangements;
(c)
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, further, that it is of such a nature as to produce one or more of the harmful effects set forth in § 38-2.
|
(2)
Excessive dissimilarity of design or inappropriateness
of design or of site plan, 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 250 feet of the proposed site, or inappropriateness or
excessive dissimilarity of design in relation to the characteristics
of building design generally prevailing in residence or business districts
in the Village, in respect to one or more of the following features:
B.
In approving any application for a building permit
or for the development or subdivision of land, the Board of Architectural
Review may specify modifications in the design of the building or
buildings, or any of them, or requirements as to yard dimensions that
will be required to render the same acceptable under the provisions
of this chapter.
C.
No vote shall be taken to approve, modify and approve,
or disapprove an application unless a majority of the whole Board
shall be present. The vote required for disapproval shall be as follows:
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Members Present
|
Votes Required for Disapproval
| |
|---|---|---|
|
3
|
3
| |
|
4
|
3
| |
|
5
|
4
|
The Building Inspector shall not issue any building
permit for which the application has been disapproved by the Board
of Architectural Review. The Building Inspector shall not issue any
building permit for which the application has been modified and approved
unless the plans for such building have been changed to embody any
modifications in design that the Board may have specified as required
to approve such design and there has been compliance with all applicable
laws and provisions of this Code. The Building Inspector shall not
issue any building permit for which the application has been approved
unless there has been compliance with all applicable laws and provisions
of this Code.
Any person aggrieved by any decision of the
Board of Architectural Review may appeal therefrom to the Zoning Board
of Appeals within 60 days from the date of such decision.[1] The Zoning Board of Appeals may reverse, modify or affirm
the action of the Board of Architectural Review.
The Board of Architectural Review is hereby
authorized to adopt, promulgate, amend and repeal rules and regulations
governing its procedure and the transaction of its business and for
the purpose of fully implementing the provisions of this chapter.
Such rules and regulations, and any amendment thereto, shall be subject
to approval by the Board of Trustees and, once approved, shall be
made a part of this Code with the same force and effect as all other
laws of the Incorporated Village of Sea Cliff.[1]
