HomeMy WebLinkAbout2003_11_19_Local_Law_No_23 Local Law No. 23 -2003
This local law shall be known as the "Design Requirements and Guidelines for the
Improvement of Properties in certain Non-Residential Districts of the Town of
Mamaroneck" Law.
BE IT ENACTED by the Town Board of the Town of Mamaroneck as follows:
Section 1 - Purpose.
The Town Board has determined that future development of properties in the
Town's Business District, Service Business District, Business-Mixed Use Business
District and Urban Renewal Areas District should be governed by more specific
design criteria to provide the Boards responsible for approving site plans and
issuing special permits with the statutory predicate for the orderly and proper
development of Mamaroneck's business community.
Section 2 -Amendment to an Existing Section of the Code of the Town of
Mamaroneck
Section 240-45 of the Code of the Town of Mamaroneck hereby is amended
by adding the following paragraph to it:
H. Design Requirements and Guidelines.
(1) There are five areas where careful attention to design is warranted. Those
areas are: (i) building design, (ii) landscaping on the perimeter of a lot and within
its parking area, (iii) signs and exterior lighting, (iv) placement of buildings on lots
and (v) parking, internal traffic circulation and curb cuts. Criteria for each such
design element are set forth in paragraphs (8) (i) through (v) of this section.
(2) In general:
(i) for lots in this district having frontage on the Boston Post Road, the objectives
of these criteria are to ensure that the Boston Post Road in the Town of
Mamaroneck develops into an attractive and convenient business district for the
town, functions as a focal point for local residents and through-travelers and
blends landscaped commercial and residential structures in a compatible
way; and,
(ii) for lots in this district that do not have frontage on the Boston Post Road, the
objectives of the criteria set forth in this section are to ensure that these areas
in the Town of Mamaroneck become convenient for local residents and through-
travelers and develop into attractive parcels that blend landscaped commercial
and residential structures in a compatible way.
(3) Applicants are discouraged from proposing standardized corporate
franchise design.
(4) In addition to complying with the standards, requirements and guidelines
contained in this section, all applicants shall propose customized, site-specific
designs that satisfy the criteria contained in Chapter 3 of the Code. In situations
where any provision of Chapter 3 of the Code is inconsistent with any of the
provisions of this section, the provisions of this section shall apply.
(5) For any project which requires site plan approval and/or a special permit
("Board Approval") and involves any of the work described in paragraphs (a)
through (g), below, the Board having the authority to issue such approval and/or
permit (the "Issuing Board") shall not do so without first obtaining an advisory
opinion from the Board of Architectural Review with respect to the design criteria
contained in paragraphs 8 (i) through (iii) of this section.
(a) Construction of a new structure;
(b) Relocation of an existing structure;
(c) Demolition or razing of all or a portion of the exterior of an existing
structure;
(d) Addition to or alteration of the exterior wall of an existing structure by
tearing down or removing any portion thereof, or, by filling in, sealing,
boarding up, closing or enclosing any portion of an existing window or door
space of an existing structure;
(e) Alteration of any roofline;
(f) Construction, enlargement or alteration of any non-landscaped area on a
lot, including, but not limited to, parking areas, access lanes, sidewalks, loading,
refuse or storage areas; or
(g) The removal or change to landscaping on the lot.
(6) Prior to conducting a public hearing on an application requiring Board
Approval, the Issuing Board shall refer the application to the Board of
Architectural Review for an advisory opinion regarding the proposed project's
(a) Building design;
(b) Landscaping on the lot perimeter and within the parking area; and
(c) Signs and exterior lighting.
(7) In determining whether to grant site plan approval and/or issue a special
permit, the Issuing Board shall consider the opinion rendered by the Board of
Architectural Review and decide whether to accept or reject that Board's
recommendations, in whole or in part. It shall also apply the design review criteria
set forth below with respect to the proposed projects
(a) Placement of buildings on the lot and
(b) Parking, internal traffic circulation, and curb cuts.
2
(8) The design criteria to be applied by the Board of Architectural Review when
rendering its advisory opinion and by the Issuing Board in determining whether to
accept or reject the Board of Architectural Review's opinion in whole or in part
and in deciding whether to grant site plan approval and/or issue a special permit
are:
(i) Building design.
(a) At least 40% of the primary structure's front elevation at street level
shall be window.
(b) Structures situated at corners should "wrap" the corner by continuing
facade elements on all street elevations, with such elements as the overall
building material and window design, and horizontal features such as the cornice.
(c) Main building entrances shall face the street and shall be easily
identifiable and scaled to the size of the street that they face.
(d) Proposed changes in exterior architectural features shall be in
harmonious relationship to the remainder of the structure and to the surrounding
area. Unity and compatibility with adjacent structures is to be achieved to the
maximum extent possible. Areas of review shall include the scale and general size
of the structure or structures in relationship to the existing surroundings;
specifically, the structure's overall height, width, street frontage, number of
stories, roof type, facade openings ( Windows, doors, etc ), and architectural
details.
(e) Treatment of the sides and the rear of the structures shall be
comparable in a appearance and amenity to the treatment given to the street
frontage elevation.
f) Building materials and colors should be selected which avoid jarring and
incongruous contrasts, both within new development and seen against existing
structures.
(ii) Landscaping on the lot perimeter and within the parking area.
(a) The proposal landscaping shall (i) visually bind the primary structure
into the larger streetscape fabric or soften the edge of a freestanding structure, (ii)
provide shade, windbreak, and glare reduction to pedestrians and parked cars,
(iii) physically separate pedestrians from vehicles, and (iv) provide pervious
surface to assist in storm water management.
(b) A coordinated landscaped design shall be required, incorporating open
space and/or recreation if appropriate, walks, access drives, parking areas, and
lot perimeter. The following areas shall be landscaped:
1. Along the public right-of-way.
(a) Except where there is a sufficient reason not to do so, one shade tree
shall be planted for every 30 feet of frontage, excluding curb cut openings.
Additional front yard landscaping shall be required.
3
2. Along the parking lot's perimeter.
(a) The landscaped perimeter strip shall be a minimum of five feet wide.
Except where there is a sufficient reason not to do so, one tree and three
shrubs shall be planted for every 35 linear feet.
3. Within the parking lot's interior, where appropriate.
(a) Planting islands shall be evenly spaced within the parking lot.
(b) No planting island shall be less than five feet wide in any dimension.
(c) Plants shall be a mix of shrubs, deciduous trees, evergreen trees, and
groundcover.
(d) Existing parking areas shall either install landscaped islands, or
increase the number of landscaped islands to the maximum extent practicable.
(e) All landscaping shall be maintained in good condition.
(iii) Signs and exterior lighting.
In addition to the provisions of Chapter 175 of the Code, the following
provisions shall be applied:
(a) Signs shall not be mounted on a pole. Signs shall be wall signs,
projecting signs, monument signs, or hanging signs.
(b) No one business shall exceed two signs on the premises.
(c) Multiple uses on a lot shall have coordinated signage.
(d) Signs shall not be internally illuminated.
(e) All exterior lighting shall be of such a type and location and shall have
such shielding as will direct the light downward and will prevent the light from
shining directly on any adjacent residential property or street. Site illumination for
uncovered areas shall be evenly distributed.
(iv) Placement of buildings on the lot.
(a) Primary structures should be placed as close as practicable to the front
yard setback line. The preferred build-to line shall be 10 feet or less, for non-
residential structures, from the boundary line between the lot and the right-of-way.
The preferred build-to line for residential structures shall be 10 feet from the
boundary line between the lot and the right-of-way.
(b) In developments where there will be more than one structure on a single
site, such structures, and their signage, landscaping, and lighting, shall be
designed as an integrated part of an overall site design related to other
surrounding development and topographical conditions.
(v) Parking, internal circulation, and curb cuts.
(a) To the maximum extent practicable, parking shall be located to the side
and/or rear of the primary structure.
(b) No more than ten percent of the parking may be located as convenience
(short-term) parking in front of the primary structure.
4
(c) Except where there is a sufficient reason not to do so, including but not
limited to, a demonstration by the applicant that it cannot coordinate internal
parking lot circulation for its property with the parking area on an adjacent lot, no
lot shall be allowed more than one curb cut. Internal parking lot circulation shall
be encouraged between adjoining lots.
Section 3 -Amendment to an Existing Section of the Code of the Town of
Mamaroneck
Section 240-46 of the Code of the Town of Mamaroneck hereby is amended by
adding the following paragraph to it:
H. Design Requirements and Guidelines.
(1) There are five areas where careful attention to design is warranted. Those
areas are: (i) building design, (ii) landscaping on the perimeter of a lot and within
its parking area, (iii) signs and exterior lighting, (iv) placement of buildings on lots
and (v) parking, internal traffic circulation and curb cuts. Criteria for each such
design element are set forth in paragraphs (8) (i) through (v) of this section.
(2) In general:
(i) for lots in this district having frontage on the Boston Post Road, the
objectives of these criteria are to ensure that the Boston Post Road in the Town of
Mamaroneck develops into an attractive and convenient business district for the
town, functions as a focal point for local residents and through-travelers and
blends landscaped commercial and residential structures in a compatible way;
and,
(ii) for lots in this district that do not have frontage on the Boston Post
Road, the objectives of the criteria set forth in this section are to ensure that these
areas in the Town of Mamaroneck become convenient for local residents and
through-travelers and develop into attractive parcels that blend landscaped
commercial and residential structures in a compatible way.
(3) Applicants are discouraged from proposing standardized corporate
franchise design.
(4) In addition to complying with the standards, requirements and guidelines
contained in this section, all applicants shall propose customized, site-specific
designs that satisfy the criteria contained in Chapter 3 of the Code. In situations
where any provision of Chapter 3 of the Code is inconsistent with any of the
provisions of this section, the provisions of this section shall apply.
(5) For any project which requires site plan approval and/or a special permit
("Board Approval") and involves any of the work described in paragraphs (a)
through (g), below, the Board having the authority to issue such approval and/or
5
permit (the "Issuing Board") shall not do so without first obtaining an advisory
opinion from the Board of Architectural Review with respect to the design criteria
contained in paragraphs 8 (i) through (iii) of this section.
(a) Construction of a new structure;
(b) Relocation of an existing structure;
(c) Demolition or razing of all or a portion of the exterior of an existing
structure;
(d) Addition to or alteration of the exterior wall of an existing structure by
tearing down or removing any portion thereof, or, by filling in, sealing,
boarding up, closing or enclosing any portion of an existing window or door
space of an existing structure;
(e) Alteration of any roofline;
(f) Construction, enlargement or alteration of any non-landscaped area on
a lot, including, but not limited to, parking areas, access lanes, sidewalks,
loading, refuse or storage areas; or
(g) The removal or change to landscaping on the lot.
(6) Prior to conducting a public hearing on an application requiring Board
Approval, the Issuing Board shall refer the application to the Board of
Architectural Review for an advisory opinion regarding the proposed project's
(a) Building design;
(b) Landscaping on the lot perimeter and within the parking area; and
(c) Signs and exterior lighting.
(7) In determining whether to grant site plan approval and/or issue a special
permit, the Issuing Board shall consider the opinion rendered by the Board of
Architectural Review and decide whether to accept or reject that Board's
recommendations, in whole or in part. It shall also apply the design review criteria
set forth below with respect to the proposed project's
(a) Placement of buildings on the lot and
(b) Parking, internal traffic circulation, and curb cuts.
(8) The design criteria to be applied by the Board of Architectural Review when
rendering its advisory opinion and by the Issuing Board in determining whether to
accept or reject the Board of Architectural Review's opinion in whole or in part
and in deciding whether to grant site plan approval and/or issue a special permit
are:
(i) Building design.
(a) At least 40% of the primary structure's front elevation at street level
shall be window.
(b) Structures situated at corners should "wrap" the corner by continuing
fagade elements on all street elevations, with such elements as the overall
building material and window design, and horizontal features such as the cornice.
6
(c) Main building entrances shall face the street and shall be easily
identifiable and scaled to the size of the street that they face.
(d) Proposed changes in exterior architectural features shall be in
harmonious relationship to the remainder of the structure and to the surrounding
area. Unity and compatibility with adjacent structures is to be achieved to the
maximum extent possible. Areas of review shall include the scale and general size
of the structure or structures in relationship to the existing surroundings;
specifically, the structure's overall height, width, street frontage, number of
stories, roof type, facade openings (windows, doors, etc.), and architectural
details.
(e) Treatment of the sides and the rear of the structures shall be
comparable in appearance and amenity to the treatment given to the street
frontage elevation.
(f) Building materials and colors should be selected which avoid jarring and
incongruous contrasts, both within new development and when seen against
existing structures.
ii) Landscaping on the lot perimeter and within the parking area.
(a) The proposed landscaping shall (i) visually bind the primary structure
into the larger streetscape fabric or soften the edge of a freestanding
structure, (ii) provide shade, windbreak, and glare reduction to pedestrians
and parked cars, (iii) physically separate pedestrians from vehicles, and (iv)
provide pervious surfaces to assist in storm water management.
(b) A coordinated landscaped design shall be required, incorporating open
space and/or recreation if appropriate, walks access drives, parking areas,
and lot perimeter. The following areas shall be landscaped:
4. Along the public right-of-way.
(a) Except where there is a sufficient reason not to do so, one shade
shall be planted for every 30 feet of frontage, excluding curb cut openings.
Additional front yard landscaping shall be required.
5. Along the parking lot's perimeter.
(a) the landscaped perimeter strip shall be a minimum of five feet wide.
Except where there is a sufficient reason not to do so, on tree and three shrubs
shall be planted for every 35 linear feet.
6. Within the parking lot's interior, where appropriate.
(a) Planting islands shall be evenly spaced within the parking lot.
(b) No planting island shall be less than five feet wide in any dimension.
7
(c) Plants shall be a mix of shrubs, deciduous trees, evergreen trees, and
groundcover.
(d) Existing parking areas shall either install landscaped islands, or
increase the number of landscaped islands to the maximum extent practicable.
(e) All landscaping shall be maintained in good condition.
(iii) Signs and exterior lighting.
In addition to the provisions of Chapter 175 of the Code, the following provisions
shall be applied:
(a) Signs shall not be mounted on a pole. Signs shall be wall signs,
projecting signs, monument signs, or hanging signs.
(b) No one business shall exceed two signs on the premises.
(c) Multiple uses on a lot shall have coordinated signage.
(d) Signs shall not be internally illuminated.
(e) All exterior lighting shall be of such a type and location and shall have
such shielding as will direct the light downward and will prevent the light from
shining directly on any adjacent residential property or street. Site illumination for
uncovered areas shall be evenly distributed.
(iv) Placement of buildings on the lot.
(a) Primary structures should be placed as close as practicable to the front
yard setback line. The preferred build-to line shall be 10 feet or less, for non-
residential structures, from the boundary line between the lot and the right-of-way.
The preferred build-to line for residential structures shall be 10 feet from the
boundary line between the lot and the right-of-way.
(b) In developments where there will be more than one structure on a single
site, such structures, and their signage, landscaping, and lighting, shall be
designed as an integrated part of an overall site design related to other
surrounding development and topographical
conditions.
(v) Parking, internal circulation, and curb cuts.
(a) To the maximum extent practicable, parking shall be located to the side
and/or rear of the primary structure.
(b) No more than ten percent of the parking may be located as convenience
(short-term) parking in front of the primary structure.
(c)Except where there is a sufficient reason not to do so, including but not
limited to, a demonstration by the applicant that it cannot coordinate internal
parking lot circulation for its property with the parking area on an adjacent lot, no
lot shall be
allowed more than one curb cut. Internal parking lot circulation shall be
encouraged between adjoining lots.
8
Section 5 -Amendment to an Existing Section of the Code of the Town of
Mamaroneck
Section 240-47 of the Code of the Town of Mamaroneck hereby is amended by
deleting the word "bulk" from the introductory sentence of the section and by
adding the following paragraph to it:
H. Design Requirements and Guidelines.
(1) There are five areas where careful attention to design is warranted. Those
areas are: (i) building design, (ii) landscaping on the perimeter of a lot and within
its parking area, (iii) signs and exterior lighting, (iv) placement of buildings on lots
and (v) parking, internal traffic circulation and curb cuts. Criteria for each such
design element are set forth in paragraphs (8) (i) through (v) of this section.
(2) In general: (i) for lots in this district having frontage on the Boston Post
Road, the objectives of these criteria are to ensure that the Boston Post Road in
the Town of Mamaroneck develops into an attractive and convenient business
district for the town, functions as a focal point for local residents and through-
travelers and blends landscaped commercial and residential structures in a
compatible way; and,
(ii) for lots in this district that do not have frontage on the Boston Post
Road, the objectives of the criteria set forth in this section are to ensure that these
areas in the Town of Mamaroneck become convenient for local residents and
through-travelers and develop into attractive parcels that blend landscaped
commercial and residential structures in a compatible way.
(3) Applicants are discouraged from proposing standardized corporate
franchise design.
(4) In addition to complying with the standards, requirements and guidelines
contained in this section, all applicants shall propose customized, site-specific
designs that satisfy the criteria contained in Chapter 3 of the Code. In situations
where any provision of Chapter 3 of the Code is inconsistent with any of the
provisions of this section, the provisions of this section shall apply.
(5) For any project which requires site plan approval and/or a special permit
("Board Approval") and involves any of the work described in paragraphs (a)
through (g), below, the Board having the authority to issue such approval and/or
permit (the "Issuing Board") shall not do so without first obtaining an advisory
opinion from the Board of Architectural Review with respect to the design criteria
contained in paragraphs 8 (i) through (iii) of this section.
(a) Construction of a new structure;
(b) Relocation of an existing structure;
(c) Demolition or razing of all or a portion of the exterior of an existing
structure;
9
(d) Addition to or alteration of the exterior wall of an existing structure by
tearing down or removing any portion thereof, or, by filling in, sealing, boarding
up, closing or enclosing any portion of an existing window or door space of an
existing structure;
(e) Alteration of any roofline;
(f) Construction, enlargement or alteration of any non-landscaped area on a
lot, including, but not limited to, parking areas, access lanes, sidewalks, loading,
refuse or storage areas; or
(g) The removal or change to landscaping on the lot.
(6) Prior to conducting a public hearing on an application requiring Board
Approval, the Issuing Board shall refer the application to the Board of
Architectural Review for an advisory opinion regarding the proposed project's
(a) Building design;
(b) Landscaping on the lot perimeter and within the parking area; and
(c) Signs and exterior lighting.
(7) In determining whether to grant site plan approval and/or issue a special
permit, the Issuing Board shall consider the opinion rendered by the Board of
Architectural Review and decide whether to accept or reject that Board's
recommendations, in whole or in part. It shall also apply the design review criteria
set forth below with respect to the proposed project's
(a) Placement of buildings on the lot and
(b) Parking, internal traffic circulation, and curb cuts.
(8) The design criteria to be applied by the Board of Architectural Review when
rendering its advisory opinion and by the Issuing Board in determining whether to
accept or reject the Board of Architectural Review's opinion in whole or in part
and in deciding whether to grant site plan approval and/or issue a special permit
are:
(i) Building design.
(a) At least 40% of the primary structure's front elevation at street level
shall be window.
(b) Structures situated at corners should "wrap" the corner by continuing
fagade elements on all street elevations, with such elements as the overall
building material and window design, and horizontal features such as the cornice.
(c) Main building entrances shall face the street and shall be easily
identifiable and scaled to the size of the street that they face.
(d) Proposed changes in exterior architectural features shall be in
harmonious relationship to the remainder of the structure and to the surrounding
area. Unity and compatibility with adjacent structures is to be achieved to the
maximum extent possible. Areas of review shall include the scale and general size
of the structure or structures in relationship to the existing surroundings;
specifically, the structure's overall height, width, street frontage, number of
10
stories, roof type, facade openings (windows, doors, etc.), and architectural
details.
(e) Treatment of the sides and the rear of the structures shall be
comparable in appearance and amenity to the treatment given to the street
frontage elevation.
(f) Building materials and colors should be selected which avoid jarring and
incongruous contrasts, both within new development and when seen against
existing structures.
(ii) Landscaping on the lot perimeter and within the parking area.
(a) The proposed landscaping shall (i) visually bind the primary structure
into the larger streetscape fabric or soften the edge of a freestanding structure, (ii)
provide shade, windbreak, and glare reduction to pedestrians and parked cars,
(iii) physically separate pedestrians from vehicles, and (iv) provide pervious
surfaces to assist in storm water management.
(b) A coordinated landscaped design shall be required, incorporating open
space and/or recreation if appropriate, walks, access drives, parking areas, and
lot perimeter. The following areas shall be landscaped:
1. Along the public right-of-way.
a. Except where there is a sufficient reason not to do so, one shade tree
shall be planted for every 30 feet of frontage, excluding curb cut openings.
Additional front yard landscaping shall be required.
2. Along the parking lot's perimeter.
a. The landscaped perimeter strip shall be a minimum of five feet wide.
Except where there is a sufficient reason not to do so, one tree and three shrubs
shall be planted for every 35 linear feet.
3. Within the parking lot's interior, where appropriate.
(a) Planting islands shall be evenly spaced within the parking lot.
(b) No planting island shall be less than five feet wide in any dimension.
(c) Plants shall be a mix of shrubs, deciduous trees, evergreen trees, and
groundcover.
(d) Existing parking areas shall either install landscaped islands, or
increase the number of landscaped islands to the maximum extent practicable.
(e) All landscaping shall be maintained in good condition.
(iii) Signs and exterior lighting.
In addition to the provisions of Chapter 175 of the Code, the following provisions
shall be applied:
(a) Signs shall not be mounted on a pole. Signs shall be wall signs,
projecting signs, monument signs, or hanging signs.
(b) No one business shall exceed two signs on the premises.
(c)Multiple uses on a lot shall have coordinated signage.
(d) Signs shall not be internally illuminated.
11
(e) All exterior lighting shall be of such a type and location and shall have
such shielding as will direct the light downward and will prevent the light from
shining directly on any adjacent residential property or street. Site illumination for
uncovered areas shall be evenly distributed.
(iv) Placement of buildings on the lot.
(a) Primary structures should be placed as close as practicable to the front
yard setback line. The preferred build-to line shall be 10 feet or less, for non-
residential structures, from the boundary line between the lot and the right-of-way.
The preferred build-to line for residential structures shall be 10 feet from the
boundary line between the lot and the right-of-way.
(b) In developments where there will be more than one structure on a single
site, such structures, and their signage, landscaping, and lighting, shall be
designed as an integrated part of an overall site design related to other
surrounding development and topographical conditions.
(v) Parking, internal circulation, and curb cuts.
(a) To the maximum extent practicable, parking shall be located to the side
and/or rear of the primary structure.
(b) No more than ten percent of the parking may be located as convenience
(short-term) parking in front of the primary structure.
(c) Except where there is a sufficient reason not to do so, including but not
limited to, a demonstration by the applicant that it cannot coordinate internal
parking lot circulation for its property with the parking area on an adjacent lot, no
lot shall be allowed more than one curb cut. Internal parking lot circulation shall
be encouraged between adjoining lots.
12
Section 6 -Amendment to an Existing Section of the Code of the Town of
Mamaroneck
Section 240-48.1 of the Code of the Town of Mamaroneck hereby is amended by
adding the following paragraph to it:
Design Requirements and Guidelines.
(1) There are five areas where careful attention to design is warranted. Those
areas are: (i) building design, (ii) landscaping on the perimeter of a lot and within
its parking area, (iii) signs and exterior lighting, (iv) placement of buildings on lots
and (v) parking, internal traffic circulation and curb cuts. Criteria for each such
design element are set forth in paragraphs (8) (i) through (v) of this section.
(2) In general:
(i) for lots in this district having frontage on the Boston Post Road, the objectives
of these criteria are to ensure that the Boston Post Road in the Town of
Mamaroneck develops into an attractive and convenient business district for the
town, functions as a focal point for local residents and through-travelers and
blends landscaped commercial and residential structures in a compatible way;
and,
(ii) for lots in this district that do not have frontage on the Boston Post Road, the
objectives of the criteria set forth in this section are to ensure that these areas in
the Town of Mamaroneck become convenient for local residents and through-
travelers and develop into attractive parcels that blend landscaped commercial
and residential structures in a compatible way.
(3) Applicants are discouraged from proposing standardized corporate
franchise design.
(4) In addition to complying with the standards, requirements and guidelines
contained in this section, all applicants shall propose customized, site-specific
designs that satisfy the criteria contained in Chapter 3 of the Code. In situations
where any provision of Chapter 3 of the Code is inconsistent with any of the
provisions of this section, the provisions of this section shall apply.
(5) For any project which requires site plan approval and/or a special permit
("Board Approval") and involves any of the work described in paragraphs (a)
through (g), below, the Board having the authority to issue such approval and/or
permit (the "Issuing Board") shall not do so without first obtaining an advisory
opinion from the Board of Architectural Review with respect to the design criteria
contained in paragraphs 8 (i) through (iii) of this section.
(a) Construction of a new structure;
(b) Relocation of an existing structure;
13
(c) Demolition or razing of all or a portion of the exterior of an existing
structure;
(d) Addition to or alteration of the exterior wall of an existing structure by
tearing down or removing any portion thereof, or, by filling in, sealing, boarding
up, closing or enclosing any portion of an existing window or door space of an
existing structure;
(e) Alteration of any roofline;
(f) Construction, enlargement or alteration of any non-landscaped area on a
lot, including, but not limited to, parking areas, access lanes, sidewalks, loading,
refuse or storage areas; or
(g) The removal or change to landscaping on the lot.
(6) Prior to conducting a public hearing on an application requiring Board
Approval, the Issuing Board shall refer the application to the Board of
Architectural Review for an advisory opinion regarding the proposed project's
(a) Building design;
(b) Landscaping on the lot perimeter and within the parking area; and
(c) Signs and exterior lighting.
(7) In determining whether to grant site plan approval and/or issue a special
permit, the Issuing Board shall consider the opinion rendered by the Board of
Architectural Review and decide whether to accept or reject that Board's
recommendations, in whole or in part. It shall also apply the design review criteria
set forth below with respect to the proposed project's
(a) Placement of buildings on the lot and
(b) Parking, internal traffic circulation, and curb cuts.
(8) The design criteria to be applied by the Board of Architectural Review when
rendering its advisory opinion and by the Issuing Board in determining whether to
accept or reject the Board of Architectural Review's opinion in whole or in part
and in deciding whether to grant site plan approval and/or issue a special permit
are:
(i) Building design.
(a) At least 40% of the primary structure's front elevation at street level
shall be window.
(b) Structures situated at corners should "wrap" the corner by continuing
fagade elements on all street elevations, with such elements as the overall
building material and window design, and horizontal features such as the cornice.
(c) Main building entrances shall face the street and shall be easily
identifiable and scaled to the size of the street that they face.
(d) Proposed changes in exterior architectural features shall be in
harmonious relationship to the remainder of the structure and to the surrounding
area. Unity and compatibility with adjacent structures is to be achieved to the
maximum extent possible. Areas of review shall include the scale and general size
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of the structure or structures in relationship to the existing surroundings;
specifically, the structure's overall height, width, street frontage, number of
stories, roof type, facade openings (windows, doors, etc.), and architectural
details.
(e) Treatment of the sides and the rear of the structures shall be
comparable in appearance and amenity to the treatment given to the street
frontage elevation.
(f) Building materials and colors should be selected which avoid jarring and
incongruous contrasts, both within new development and when seen against
existing structures.
(ii) Landscaping on the lot perimeter and within the parking area.
(a) The proposed landscaping shall (i) visually bind the primary structure
into the larger streetscape fabric or soften the edge of a freestanding structure, (ii)
provide shade, windbreak, and glare reduction to pedestrians and parked cars,
(iii) physically separate pedestrians from vehicles, and (iv) provide pervious
surfaces to assist in storm water management.
(b) A coordinated landscaped design shall be required, incorporating open
space and/or recreation if appropriate, walks, access drives, parking areas, and
lot perimeter. The following areas shall be landscaped:
1. Along the public right-of-way.
a. Except where there is a sufficient reason not to do so, one shade tree
shall be planted for every 30 feet of frontage, excluding curb cut openings.
Additional front yard landscaping shall be required.
2 Along the parking lot's perimeter.
a. The landscaped perimeter strip shall be a minimum of five feet wide.
Except where there is a sufficient reason not to do so, one tree and three shrubs
shall be planted for every 35 linear feet.
3. Within the parking lot's interior, where appropriate.
a. Planting islands shall be evenly spaced within the parking lot.
b. No planting island shall be less than five feet wide in any dimension.
c. Plants shall be a mix of shrubs, deciduous trees, evergreen trees, and
groundcover.
(d) Existing parking areas shall either install landscaped islands, or
increase the number of landscaped islands to the maximum extent practicable.
(e) All landscaping shall be maintained in good condition.
(iii) Signs and exterior lighting.
In addition to the provisions of Chapter 175 of the Code, the following provisions
shall be applied:
(a) Signs shall not be mounted on a pole. Signs shall be wall signs,
projecting signs, monument signs, or hanging signs.
(b) No one business shall exceed two signs on the premises.
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(c)Multiple uses on a lot shall have coordinated signage.
(d) Signs shall not be internally illuminated.
(e) All exterior lighting shall be of such a type and location and shall have
such shielding as will direct the light downward and will prevent the light from
shining directly on any adjacent residential property or street. Site illumination for
uncovered areas shall be evenly distributed.
(iv) Placement of buildings on the lot.
(a) Primary structures should be placed as close as practicable to the front
yard setback line. The preferred build-to line shall be 10 feet or less, for non-
residential structures, from the boundary line between the lot and the right-of-way.
The preferred build-to line for residential structures shall be 10 feet from the
boundary line between the lot and the right-of-way.
(b) In developments where there will be more than one structure on a single
site, such structures, and their signage, landscaping, and lighting, shall be
designed as an integrated part of an overall site design related to other
surrounding development and topographical conditions.
(v) Parking, internal circulation, and curb cuts.
(a) To the maximum extent practicable, parking shall be located to the side
and/or rear of the primary structure.
(b) No more than ten percent of the parking may be located as convenience
(short-term) parking in front of the primary structure.
(c) Except where there is a sufficient reason not to do so, including but not
limited to, a demonstration by the applicant that it cannot coordinate internal
parking lot circulation for its property with the parking area on an adjacent lot, no
lot shall be allowed more than one curb cut. Internal parking lot circulation shall
be encouraged between adjoining lots.
Section 7 - Severability
Should any court of competent jurisdiction declare any provision of this Local
Law invalid or unconstitutional, such declaration of unconstitutionality or
invalidity shall not affect any other provisions of this Local Law, which may be
implemented without the invalid or unconstitutional provisions.
Section 8 - Effective Date
This Local Law shall become effective on the date that it is filed in the office of the
Secretary of State
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11-20-03 LL No. 23, 2003 (Design Requirements-passed 11/19/03)
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