§ 331-117.1. Architectural review of site plans and Major Subdivisions by professional architects required., Article XIII. Site Plan Approval, Chapter 331. Zoning, Part II. General Legislation, Code of Ordinances, New Rochelle

The Planning Board is authorized to deny site plan applications if the proposed building's form, massing, and exterior facade is incompatible with the immediate area and neighborhood area surrounding the site, in accordance with Goals F and N, as stated in Article I, Purpose, of this Code. The City hereby finds that monotonous similarity, striking dissimilarity, visual discord or inappropriateness, and visually offensive, incompatible, or other poor quality of design in the exterior appearance of buildings or structures can adversely affect the desirability of the immediate area and neighboring areas, impair the use of property, impact the stability in value of both improved and unimproved property in such areas, prevent the most appropriate development, and contribute to the diminution of the taxable value of property in such areas and their ability to support municipal services provided therefor.

It is the purpose of this section to preserve and promote distinctive community character and appearance and to conserve property values throughout the City, to enhance the attractiveness of residential and business areas, which are the economic mainstays of the community, by providing procedures for a professional architectural review of certain buildings and structures henceforth erected, reconstructed, or altered and thereby to:

(1)

Encourage good qualities and appearances of the exterior design of buildings and structures;

(2)

Relate such design and appearances to the sites and surroundings of buildings and structures:

(3)

Demonstrate originality and resourcefulness in building design and appearances which are considered appropriate to the sites and surroundings: and

(4)

Prevent such design and appearances as are considered inappropriate and detrimental to the visual environment.

It is the intent of the City to ensure high standards, and consistent criteria, for the design of commercial, industrial, municipal, recreational and certain residential buildings and structures.

It is the intent of this section to create a Professional Architectural Review Committee (PARC) within the Department of Development to assist and serve as an adjunct to the Planning Board in its review of the architectural features and physical details of applications brought before it.

PARC recommendation to Planning Board; fee; written documentation.

(1)

The PARC shall recommend approval, approval with conditions, or disapproval of any complete site plan or Major Subdivision application referred to it by the Planning Board Clerk with respect to building elevations, facade design, and urban design elements. For a site plan application or Major Subdivision application entailing less than 50,000 square feet of new construction or addition, two PARC-licensed architects shall make a joint recommendation to the Planning Board with respect to building elevations, facade design, and urban design elements. For site plan application or Major Subdivision application entailing 50,000 square feet or more of new construction or addition, all recommendations shall be voted on by a majority of three PARC-licensed architects. For Major Subdivisions containing three or more dwelling units, the PARC-licensed architects shall make recommendation to the Planning Board after the applicant has submitted the required information identified in § A361-12M, Preliminary Layout and Data, of the Land Development Regulations. The fee for PARC review shall be paid by the applicant at the time of site plan or Major Subdivision application, which fee shall be in addition to the regular fees for site plan or Major Subdivision approval. Such fees are set forth in Chapter 133, Fees.

[Amended 4-19-2016 by Ord. No. 94-2016]

(2)

The PARC shall, within 30 days of receipt of the required submittal package, provide written documentation of recommendations made for each application and keep a copy in the official application files kept by the Planning Board.

Determining factors for recommendation of approval or approval with conditions. The PARC shall recommend approval, or approval with conditions, of a site plan and/or Major Subdivision application submitted for its review by the Planning Board Clerk with respect to building elevations, facade design, and urban design elements, provided that the project, in the opinion of the PARC, substantially satisfies the following conditions:

(1)

Encourages good qualities and appearances of the exterior design of buildings and structures;

(2)

Relates such design and appearances to the sites and surroundings of buildings and structures;

(3)

Demonstrates originality and resourcefulness in building design and appearances which are considered appropriate to the sites and surroundings; and

(4)

Prevents such design and appearances which are considered inappropriate and detrimental to the visual environment.

Determining factors for recommendation of disapproval. The PARC may recommend disapproval of any application, provided that findings are made that the building or structure for which the permit was requested, if constructed, erected, altered, or demolished as indicated, would result in one or more of the harmful effects set forth by reason of:

(1)

Monotonous similarity to any other building or structure located, or proposed to be located, in the vicinity of the site of the building or structure for which a building permit is requested, with respect to one or more of the following features of exterior design and appearance:

(a)

Substantially identical facade;

(b)

Substantially identical size and arrangement of doors, windows, porticos, porches, or garages, or other openings or breaks of extensions in the facade, including reverse arrangements: or

(c)

Other substantially identical features, such as, but not limited to, roofline and height, widths and lengths of elements of the building design, and exterior materials and treatments.

(2)

Striking dissimilarity, visual discord or inappropriateness with respect to other buildings or structures located, or proposed to be located, in the vicinity of the site of the building or structure for which a building permit is requested, with respect to one or more of the following features of exterior design and appearance:

(a)

Facade;

(b)

Size and appearance of doors, windows, porticos, porches or garages or other openings or breaks or extensions in the facade; or

(c)

Other significant design features, such as, but not limited to, height, widths and lengths of design elements, exterior materials and treatments, roof structures, lighting posts and fixtures, exposed mechanical equipment, storage areas, and other physical features.

(3)

Visually incompatible or other poor qualities of exterior design, including, but not limited to, considerations of the compatibility or discord of colors, or incompatibility of the proposed building or structure with the terrain on which it is to be located, including, but not limited to, excessive divergence of the height or levels of any part of the building or structure from the grade of the terrain.

In addition to the factors enumerated in § 331-117.1G, the PARC may recommend disapproval of any site plan application in the Downtown Retail Core, provided that findings are made that the building or structure for which the application was filed, if altered, constructed or demolished as indicated, would result in one or more of the following harmful effects set forth by reason of:

[Added 9-16-2008 by Ord. No. 181-2008]

(1)

The building does not display street frontage which furthers and enhances a continuous, active, pedestrian retail experience.

(2)

Building facades and appurtenances are not visually compatible with existing and nearby buildings, public ways and places to which such elements are visually related.

(3)

The building design does not maximize fenestration on the ground-floor level and encourage window displays and viewing by pedestrians.

(4)

Entranceways and facade elements do not contribute to the creation of an attractive downtown commercial environment.

(5)

Exterior building appurtenances are not visually compatible with the buildings to which they are attached or other buildings in the area or with the character encouraged in the Downtown Business District insofar as materials, texture, colors, and design are concerned.

Editor's Note: This ordinance also provided for the redesignation of former Subsection H as Subsection I.

Plans recommended for approval, approval with conditions, or disapproval. Upon recommendation of approval, approval with conditions, or disapproval by the PARC, the site plan or Major Subdivision shall be forwarded to the Planning Board, accompanied by a written explanation of the reasons for the PARC recommendation. The Planning Board shall, in its own discretion and with the authority granted to it by this Code, make a determination to approve, approve with conditions, or deny the site plan or Major Subdivision application submitted.

Editor's Note: This ordinance stated that it shall apply to all site plan and Major Subdivision applications which have not been subject to public hearing before the Planning Board prior to its adoption.