A. Purpose and applicability.
No person, firm or corporation shall commence the erection, construction, enlargement, alteration, removal, improvement, demolition, conversion or change in the nature of the occupancy of any building or structure, or cause the same to be done, without first obtaining a separate
building permit from the Building Department for each such building or structure; except that no
building permit shall be required for the performance of ordinary repairs which are not structural in nature. The provisions of this section apply to those applications that require approval by the ARB due to the nature of the application.
B. Procedure.
(1) Step one: Application submittal. Applicable, with the following modification: Applications shall be made by the owner or lessee, or agent of either, or by the architect, engineer or builder employed in connection with the proposed work. Where such application is made by a person other than the owner, it shall be accompanied by an affidavit of the owner or applicant that the proposed work is authorized by the owner and that the applicant is authorized to make such application.
(2) Step two: Determination of application completeness. Applicable. When Planning Board decision is required for the application, the ARB will provide recommendation to the Planning Board. After the Planning Board decision, the application shall be resubmitted to the ARB.
(3) Step three: Application referral, review and staff report. Applicable, with the following addition: Any application that requires ARB review shall be approved, approved with modifications or disapproved within 60 days of the date the application is deemed complete. To advance the review either the ARB or the Planning Board can schedule a joint meeting on a application. Each Board will decide only on topics within its jurisdiction.
(4) Step four: Public notice. Applicable.
(5) Step five: Public hearing. Applicable.
(6) Step six: Decision and findings. Applicable, with the following additions: Upon approval of the application, both sets of plans and specifications shall be endorsed with the word "approved." One set of such approved plans and specifications shall be retained in the files of the Department of Buildings, and the other set shall be returned to the applicant, together with the building permit, and shall be kept at the building site open to inspection by the Building Inspector or his authorized representative at all reasonable times. The issuance of a building permit shall constitute authority to the applicant to proceed with the work in accordance with the applicable building laws ordinances or regulations. All work shall conform to the approved application, plans and specifications, except that no building permit shall be valid insofar as it authorizes the performance of work or the use of materials which are not in accordance with the requirements of the applicable building regulations.
C. Criteria. In approving the
building permit, the Architectural Review Board shall take into consideration the general design framework which respects the scale and architectural character of existing neighborhoods and which will allow development and alterations to be in harmony with and compatible with the existing design and architecture of the Village and not detrimental thereto. In reviewing applications, the ARB shall take into account natural features of the site and its surroundings, the exterior design and appearance of existing and planned structures in the immediate area and the character of the area and the Village encouraging the most appropriate use of the property, conservation of property values and prevention of harmful effects. Board may attach more or less weight to any guideline or part thereof in relation to other guidelines as may be appropriate under the particular circumstances. The Board may approve, approve subject to specified conditions or modifications or disapprove any application for a permit referred to it, provided that such action shall be by a majority vote of ARB members, and provided that the ARB shall not disapprove any application unless it finds the building, structure or sign for which the permit was applied would, if erected, be so detrimental to the surrounding area as to provoke one or more harmful effects due to:
(1) Excessive similarity or dissimilarity to any other nearby buildings and structures existing or planned in the area of visual impact, in respect to location and alignment along a street related to neighboring development; architectural massing, width, height, proportion and scale in relation to its surroundings; modulation of vertical and horizontal elements of the facades to reflect the scale of neighboring development; facade design; architectural style; exterior surface materials; heights of horizontal building features such as sill levels, lintels, cornices, etc.; roof design, including roof elements such as dormers; porches and porticos and other attachments and projections; and rhythm or spacing and proportion of windows, doors, storefront and other aspects of building fenestration; the nature of building trim and ornament; visibility of mechanical equipment, and other design elements.
(2) Inappropriateness of design in respect to the quality of architectural design; to the nature of materials to be used in construction; and incompatibility of design features with the terrain on which it is to be located.
D. Amendments. Amendments to the application or to the plans and specifications accompanying the same may be filed at any time prior to the completion of the work, subject to the approval of the Building Inspector if minor. If major amendments, they are subject to the approval of the ARB.
