Chapter 4
ARCHITECTURAL REVIEW BOARD
[HISTORY: Adopted
by the Board of Trustees 2-7-2000 by L.L. No. 1-2000; amended in its entirety
5-1-2000 by L.L. No. 4-2000. Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Boards — See
Building construction — See
Zoning — See
§ 4-1. Findings and purpose.
It is the purpose of this
chapter to preserve and promote the character and appearance, and conserve the
property values of the Village by providing procedures for an architectural
review of buildings and structures henceforth erected, reconstructed or altered
in the Village, and thereby to encourage good qualities of exterior building
design and good appearances and to relate such design and appearances to
existing buildings and structures on the site and to surrounding buildings and
structures, and to prevent such design and appearances as are inappropriate by
reason of poor quality of exterior design, monotonous similarity or visual discord
in relation to existing buildings or structures on the site or on surrounding
sites.
§ 4-2. Creation; terms and qualifications of
members.
A. There is hereby created an Architectural Review Board (ARB). The
terms and appointment of members and alternate members shall be as set forth in
Chapter 1, General Provisions, Article IV, Boards, of this Code. [Amended 5-3-2004 by L.L. No. 1-2004]
B. Alternate members may serve in the absence of any member.
Alternate members shall attend regularly scheduled meetings of the ARB or such
meetings as determined by the ARB, and shall be without vote in regard to any
application unless he/she is serving in the absence of another member.
C. All members of the ARB shall be persons deemed specially
qualified by reason of training, experience or civic interest and by reason of
sound judgment to judge the effects of a proposed building or exterior
alteration on the nature and character of the community and of the immediate
neighborhood, as provided in this chapter.
§ 4-3. Architectural consultant.
The Mayor will designate
an architect, licensed in the state of
§ 4-4. Board procedures.
A. The ARB shall meet monthly as needed. All such meetings shall be
open to the public in accordance with the Open Meetings Law.
B. A majority of the ARB shall constitute a quorum for the
transaction of business.
C. The ARB shall keep a record of its proceedings. The ARB shall
designate a recording secretary to prepare such records. Such records shall be
kept in the Village office.
D. A vote of the majority of the 5 members of the ARB shall be
necessary to take any action.
§ 4-5. Application and review procedures.
A. As soon as practicable, and in any event within 10 business days
after receipt of an application for a permit involving the exterior appearance
of a new or existing building or structure, or a group of such buildings or
structures by the Building Inspector, the Building Inspector shall refer said
application to the Village Clerk, who shall promptly transmit the same to the
Chair of the ARB or, in the absence of the Chair, to the Deputy Chair of the
ARB. Any permit application that does not comply with the zoning regulations
must be approved by the Board of Appeals prior to submission to the
Architectural Review Board. The Building Inspector shall only refer to the
Village Clerk permit applications that are complete and which comply in all
respects to
B. Such further review shall be required by the Chair or Deputy
Chair if the application is for construction of any new building or structure,
or for an addition to or reconstruction or alteration of any existing building
or structure in such manner as to change the exterior character or appearance
of the building or structure. Such further review may be required by the Chair
or Deputy Chair in all other instances. Any determination by the Chair or
Deputy Chair not to conduct further review shall be communicated to the members
of the Board of Trustees, including the Mayor, any one of whom may, within 10
days after such communication, overrule such determination and require further
review.
C. Where further review by the ARB is to be conducted, the ARB
shall meet with the applicant to consider the plans within 15 days of the Chair
or Deputy Chair's determination. Such review shall be in accordance with the
standards set forth in this chapter. Upon completion of such review, the ARB
may approve, approve with modifications, or disapprove any matter referred to
it by a concurring vote of a majority of the entire ARB. If the applicant
disagrees with the ARB's decision, it may request a public hearing on the
application.
D. The ARB shall conduct a public hearing within 28 days after
receipt of the applicant's request. At least 10 days prior to such public
hearing, the applicant for such permit shall give written notice of such public
hearing to all owners of property within 200 feet of the property which is the
subject of the application, as indicated on the most recent assessment roll of
the Village, by certified mail, return receipt requested. Proof of mailing of
such notice shall be filed with the Village Clerk no later than five days prior
to such public hearing, and returned certified mail receipts shall be filed
with the Village Clerk no later than one day before the public hearing. [Amended 3-6-2006 by L.L. No. 3-2006]
E. Regular meetings of the ARB shall be posted on the Village
public bulletin board and on the local government access channel.
F. In addition to any plans, applications and specifications
required by the Building Inspector, applications must be accompanied by plans
showing elevations of all proposed new buildings and structures and all
affected elevations in the case of additions or alterations to existing
buildings and structures. All plans shall be signed and sealed by an architect
or engineer licensed in
G. The Building Inspector or ARB shall be entitled to require the
applicant to provide any additional plans deemed necessary for a proper review
of the application.
H. Final approved maps or plans, materials and specifications may
not be altered in any way without the express prior approval of the ARB. Any
requested changes of the approved plans or maps must be submitted for review at
least 7 days prior to the next regularly scheduled meeting of the ARB and no
construction work involving such changes shall be commenced or continued until
approval of the ARB is granted and a building permit is issued. The ARB shall
promptly act upon the revised application.
I. The Building Inspector shall, in cases of violation of the
procedure in Subsection H of this section, order all work to be halted and, if
necessary, revoke the building permit until such time that amended plans or
maps are approved by the ARB.
§ 4-6. Standards for actions.
A. In considering an application for a permit, the ARB shall take
into account the natural features of the site and surrounding areas, the
exterior design and appearance of existing buildings and structures, the
character of the site and area, the fact that the Village is a community of
traditional homes and the peculiar suitability of the site or area for
particular purposes, all with a view toward conserving the values of property,
encouraging the most appropriate and consistent uses of land in the Village and
maintaining the traditional nature of the Village.
B. The ARB may approve an application upon finding that the
building or structure for which the permit is requested, if erected or altered
in accordance with the submitted plan:
(1) Would be in harmony with the purposes of this chapter as
enumerated in Subsection A;
(2) Would not be visually offensive or inappropriate by reason of incompatible
color, material, poor quality of exterior design or appearance, or visual or
architectural discord in relation to the site or surrounding properties in the
immediate vicinity;
(3) Would not mar or adversely affect the appearance of the area; and
(4) Would not be detrimental to the character of the neighborhood.
C. In approving an application, the ARB may impose appropriate
conditions and safeguards, including a requirement that an applicant plant
bushes, shrubs or other landscaping, designed to prevent or minimize adverse
effects of the proposed construction or alteration.
[Amended 5-3-2004 by L.L. No. 1-2004]
D. The ARB may disapprove any application for a permit, provided
that it finds and states that the building or structure for which the permit is
requested would, if erected or altered as proposed:
(1) Cause 1 or more of the enumerated effects in Subsection B to be
violated.
E. Prior to disapproving any application, the ARB shall afford the
applicant an opportunity to meet with it and discuss suggestions for changes in
the application. The applicant will thereafter have a period of 30 days to
submit a revised application in conformity with the ARB's suggested changes.
§ 4-7. Guidelines.
A. Purpose. These guidelines are intended to facilitate the design
review process by encouraging certain design characteristics which are deemed
appropriate in achieving the standards set forth in § 4-6.
B. Massing.
(1) Large undifferentiated volumes and/or wall surfaces should be avoided.
(2) Abrupt transitions between volumes of a building should be
avoided.
(3) Pitched roofs are preferred over flat roofs.
(4) Pitched roofs should consist of at least 2 sloped surfaces, except
when adjoining higher vertical surfaces (e.g., shed roofs).
(5) Pitched roofs shall have a minimum pitch of 1 to 3 (1:3), except
at dormers.
C. Materials.
(1) Designs should rely on a limited palette of materials. It is
preferred that 1 material, such as brick or wood, be used for the body of the
building. The use of trim, trim colors and decorative elements such as
shutters, molding or other decorative ornamentation, are encouraged.
(2) The ARB strongly encourages the use of durable and enduring
materials with proven performance. In particular, cladding and roofing will be
reviewed for durability and appearance.
(3) Compatibility of finishing materials with the construction and
surrounding dwellings will be a specific consideration in evaluating the
applicant's proposed improvements.
D. Garages. If located in a front elevation of a residential
building, the door or doors of a garage shall not have a total horizontal
dimension which exceeds 50% of the horizontal dimension of the front elevation
of the residential building.
E. Mechanical equipment. Exterior mechanical equipment should be
excluded from the front elevation, indicated on all drawings, and shielded from
view of all streets and adjacent properties.
F. Color. The ARB encourages the use of colors, singly or in
combination, which are consistent with the visual character of the existing
buildings and landscape of the Village. Strident color schemes or colors which
compete with those of the natural landscape are strongly discouraged.
G. Design compatibility.
(1) In general, adjacent structures shall not be identical nor mirror
images of one another.
(2) The massing and style chosen for structures should match the architectural
characteristics of the applicant's house, and should be suitable and
appropriate within the context of adjacent existing buildings and the
neighborhood.
(3) With any submitted design, the massing, size and shape of all
openings, decorative trim and ornamentation should be stylistically consistent.
H. Impact on neighbors. Consideration of the proposed improvement
will be given to both visual and functional impacts on neighbors. Visual impact
refers to the aesthetic appearance of the property which includes design
quality, massing and architectural style. Functional impact refers to such
concerns as view, sunlight, ventilation and drainage. Examples of functional
impacts include structural additions, which would cause a loss of sunlight to a
neighboring dwelling, and an alteration in topography, which would change
natural drainage to the detriment of a neighboring property.
§ 4-8. Failure of ARB to act.
If, within 28 days after
the date on which an application has been referred to the ARB, or after a
revised application has been submitted in accordance with § 4-6E, or such
longer period as may be consented to by the applicant, the ARB has not acted on
the application, the application shall be deemed approved.
§ 4-9. Action by Building Inspector.
The Building Inspector
shall not issue any permit unless the application has been approved by the ARB.
In the event that the ARB approves an application on conditions, the Building
Inspector shall not issue any permit until all changes in the plans have been
made to conform to such conditions and unless all such conditions have been met
or complied with. Unless otherwise extended by the ARB, the approval expires 90
days from the date that the decision is filed in the Village Clerk's Office, and,
thereafter, the Building Inspector shall not issue a building permit. A request
by the applicant for an extension of time to obtain the permit shall be made
within the initial ninety-day period in which to obtain the permit.
§ 4-10. Fees.
[Added 4-2-2001 by L.L. No. 2-2001[2]]
The applicant shall be responsible for the payment of all fees set forth in the Schedule of Fees and Payments maintained by the Village Clerk.