(1) It is the purpose of this chapter to preserve and promote the character and appearances and conserve the property values of the village, the attractiveness of whose residential and business areas is the economic mainstay of the community, by providing procedures for a site plan and architectural review of structures henceforth erected, reconstructed or altered in any C-1, C-2 C-3, R-3M and M-1 District: To encourage good qualities of exterior design and appearances and to relate such design and appearances to the sites and surroundings; to permit originality and resourcefulness in building design and appearances which are appropriate to the sites and surroundings; and to prevent such designs and appearances as are unnecessarily offensive to visual sensibilities.

(2) The Village Board shall hereby concur that any building or structure found by the Planning/Architectural Review Board to be visually offensive or inappropriate by reason of poor quality of exterior design, by excessive similarity or striking visual discord in relation to its site or surroundings mars the appearance of its area; is detrimental to the character of its neighborhood; prevent the most appropriate use and development of land; and therefore adversely affects the economic stability prosperity, health, safety and general welfare of the entire community.

B. Creation of the Planning/Architectural Review Board. There is hereby created a Planning/Architectural Review Board which shall consist of seven (7) members appointed by the Village Board. All members shall be residents of the village. The Village Board shall choose from among its members annually, one (1) member to serve as Chairman. The Village Board shall have the power to remove any member for cause.

Vacancies shall be filled for the unexpired term of any member whose place has become vacant: The Building and Zoning Clerk shall serve as the Secretary to the Board.

C. Referrals. The Planning/Architectural Review Board shall review and advise on all applications zoned C-1, C-2, C-3, R-3M and M-1 in the following categories:

(1) All applications for the construction or reconstruction of any building or structure.

(2) All applications for new or proposed subdivisions in all districts.

(3) All plans for any exterior alteration or addition to any building or structure or for which the Code Enforcement Official estimates the cost to be in excess of ten thousand dollars ($10,000.).

(4) All plans for the erection of a permanent sign as required under Chapter 84, Signs, of the Village Code.

(5) All site development applications,

(6) All proposals by the Village Board for revisions of the Master Plan, ding Map and ding of specific land areas.

(7) All petitions for exceptional development permits.

(8) All plans or prod which, in the opinion of the Code Enforcement Official, violate the intent of this chapter.

D. Standards for action.

(1) Approval of any application referred to the Planning/ Architectural Review Board shall be by a majority vote of its members.

(2) No building permit shall be issued for those plans subject to architectural review unless the Board of Trustees grants an exceptional development permit under Chapter 7.07 of the Building Code or plans have been approved by the Planning/Architectural Review Board.

(3) Approval granted by the Planning/Architectural Review Board shall be valid for a period of six (6) months from date of approval. Prior to expiration of a valid approval the applicant may request, in writing, a three-month extension.

E. Site plan approval.

(1) Any application for site plan approval shall be accompanied by the following information:

(a) Proposed use.

(b) Cost of project:

(c) Current survey showing all existing buildings, low lines and fences.

(d) Site plan, to scale, showing all properties, structure: streets and easements within five hundred (500) feet of the applicant's property and location of a proposed structures.

(e) Parking, including number of spaces, ingress egress, buffers, drainage, lighting and lot surface.

(f) Proposed site improvement, including fence: culverts, retaining wall, etc.

(g) Compliance with Uniform Code regarding handicapped access and parking. (1) Editor's Note: See Ch. 28, Fire Prevention and Building Code, Chapter 13, Article 1B.

(h) Access for fire fighting.

(1) Approval from Traffic and Safety Committee and Environmental Advisory Council.

(2) In acting on any proposed site plan development, the Planning/Architectural Review Board shall take into consideration the following:

(a) The requirements of any Village Development Plan and the Official Map as the same may have been adopted.

(b) The proposed location of principal and accessories, buildings and any other site improvements.

(c) The relation to one another of traffic circulation within the site, height and bulk of buildings, provisions for offstreet parking space, provision of buffer areas and other open spaces on the site so that any development will adequately handle pedestrian and vehicle traffic within the site and in relation to the street system dining.

(d) Snow removal provisions.

(e) Location of permanent signage.

(f) Adequate off-street parking, where applicable.

(g) Drainage.

(h) Lighting.

(i) Lot surface.

(j) The factors of drainage, road alignment and other aspects which may require review by engineering authorities.

(k) Landscaping.

F. Architectural review.

(1) Any application for architectural review shall be accompanied by the following information:

(a) Elevations of exterior design fronting on any public street.

(b) Samples of exterior colors, materials, roofing, window and door design.

(c) All anticipated signage and location of all existing and proposed signage.

(d) Cost of the project.

(e) Landscaping.

(f) Sealed drawing if project value is in excess of fifty thousand dollars ($50,000.).

(g) Approval from Traffic and Safety Committee and Environmental Advisory Council.

(2) In acting on any proposed project under architectural review, the Planning/Architectural Review Board shall take into consideration the following:

(a) The natural features of the site and its surroundings, exterior design and appearances of existing structures and the character of the district and its peculiar suitability for particular purposes, with a view to conserving the values of property and encouraging the most appropriate use of land.

(b) The building, if erected or altered, would be in harmony with the purpose of this chapter; would not be visually offensive or inappropriate by reason poor quality of exterior design, excessive similarity or striking visual discord in relation to the sites surroundings; would not impair the use, enjoyment and desirability and reduce the values of properties in the area; would not be detrimental to the character of the neighborhood; would not prevent the most appropriate development and utilization of site or of adjacent lands; and would not adversely affect the functioning, economic stability, prosperity, health, safety and general welfare of the community.

(c) Excessive similarity or striking dissimilarity to all other structure or structures located or proposed to be located on the same street or within one hundred fifty (150) feet of the site would, if erected, provoke one (1) or more of the following effects:

[1] Substantially identical or striking dissimilarity facade, disregarding color.

[2] Substantially identical or striking dissimilar size and arrangement of either doors, windows, porticoes, porches, or other opening breaks or extensions in the facade, including reverse arrangements.

(d) Visual offensiveness or other poor qualities of exterior design with respect to signs, harmony discord of colors or incompatibility of the proper structure with the terrain on which it is to be located, such as divegences of the height or levels of any part of the structure from the finished grade level.

G. In approving any application, the Board may impose any appropriate conditions and safeguards.

H. The Board may disapprove any application, provided that the applicant has been afforded an opportunity to confer upon suggestions for any change of plan.

I. An applicant who is aggrieved by any final decision of the Planning/Architectural Review Board may appeal such decision to the Board of Appeals by filing written notice of appeal with the Village Clerk. Failure to file such an appeal within thirty (30) days from the date of decision shall make the decision of the Planning/Architectural Review Board final and binding.

§ 112-23. Zoning Board of Appeals.

(1) A Zoning Board of Appeals is hereby created and its Chairman shall be designated by the Board of Trustees. The Board shall consist of five (5) members appointed by the Board of Trustees in accordance with § 7-712 of the Village Law of the New York State.

(2) Consistent with Village Law, the Board of Appeals shall determine its own rules of procedure, and all of its deliberations, resolutions and orders shall be in accordance therewith.

B. Powers and duties. The Board of Appeals shall hear and decide appeals from and review any order, requirement, decision or determination made by an administrative official or board charged with the enforcement of any local laws adopted pursuant to this chapter. It shall also hear and decide all matters referred to it upon which it is required to pass under any such local law.

C. Appeals for variance. [Amended 10-10-1995 by L.L. No. 2-1995]

(1) Definitions. As used in this section, the following terms shall have the meanings indicated:

AREA VARIANCE - The authorization by the Zoning Board of Appeals for the use of land in a manner which is not allowed by the dimensional or physical requirements of the applicable zoning regulations.

USE VARIANCE - The authorization by the Zoning Board of Appeals for the use of land for a purpose which is otherwise not allowed or is prohibited by the applicable zoning regulations.

(2) Use variances.

(a) The Board of Appeals, on appeal from the decision or determination of the administrative officer charged with the enforcement of such local law, shall have the power to grant us variances as defined above.

(b) No such use variance shall be granted by the Board of Appeals without a showing by the applicant that applicable zoning regulation and restrictions have caused unnecessary hardship. In order to prove such unnecessary hardship the applicant shall demonstrate to the Board of Appeals that for each and every permitted use under the zoning regulations for the particular district where the property located:

[1] The applicant cannot realize a reasonable return, provided that lack of return substantial as demonstrated by compete financial evidence.

[2] That the alleged hardship relating to the property in question is unique and doesn't apply to a substantial portion of the district or neighborhood.

[3] That the requested use variance, if granted, will not alter the essential character of the neighborhood.

[4] That the alleged hardship has not been self-created.

(c) The Board of Appeals, in the granting of use variances, shall grant the minimum variance that it shall deem necessary and adequate to address the unnecessary hardship proved by the applicant and at the same time preserve and protect the character of the neighborhood and the health, safety and welfare of the community.

(3) Area variance.

(a) The Zoning Board of Appeals shall have the power, upon an appeal from a decision or determination of the administrative official charged with the enforcement of such local law, to grant area variances as defined above.

(b) In making its determination, the Zoning Board of Appeals shall take into consideration the benefit to the applicant if the variance is granted as weighed against the detriment to the health, safety and welfare of the neighborhood or community by such grant. In making such determination the Board shall also consider:

[1] Whether an undesirable change will be produced in the character of the neighborhood or a detriment to nearby properties will be created by the granting of the area variance.

[2] Whether the benefit sought by the applicant can be achieved by some method feasible for the applicant to pursue, other than an area variance.

[3] Whether the requested area variance is substantial.

[4] Whether the proposed variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district.

[5] Whether the alleged difficulty was self-created; which consideration shall be relevant to the decision of the Board of Appeals, but shall not necessarily preclude the granting of the area variance.

(c) The Board of Appeals, in the granting of area variances, shall grant the minimum variance that it shall deem necessary and adequate and at the same time preserve and protect the character of the neighborhood and the health, safety and welfare of the community.

(4) Imposition of conditions. The Board of Appeals shall, in the granting of both use variances and area variances, have the authority to impose such reasonable conditions and restrictions as are directly related to and incidental to the proposed use of the property. Such conditions shall be consistent with the spirit and intent of the Zoning Local Law and shall be imposed for the purpose of minimizing any adverse impact such variance may have on the neighborhood or community.

D. Procedure.

(1) The Board of Appeals shall act in strict accordance with the procedures specified by Village Law and by this chapter. All appeals and applications made to the Board shall be in writing as prescribed by the Board. Every application for an appeal for a variance shall:

(a) Refer to the specific provision of this chapter that is appealed.

(b) Set forth exactly the interpretation claimed or the details of the variance sought.

(c) State the grounds on which it is claimed that the variance should be granted.

(2) Every decision of the Board of Appeals shall be by resolution and by a majority vote of the Board. Each resolution shall contain a full record of the findings of the Board.

(3) Meetings of the Board of Appeals shall be held at the call of the Chairman. All meetings shall be open to the public, and public notice shall be given thereof by publication in the official village publication at least ten (10) days prior to the date of the hearing. At least ten (10) days before the hearing, notices thereof shall be mailed to the parties involved, including the record owner of all properties within one hundred fifty (150) feet of the affected premises.

(4) The Board of Appeals shall keep minutes of its proceedings, showing the vote of each member upon every resolution, or if absent or falling to vote, indicating such fact, and shall keep records of its examinations and other official actions.

(5) The Chairman or Acting ChaIrman may administer oaths and compel the attendance of witnesses.

(6) Every rule, regulation, amendment or repeal thereof and every order, requirement, decision or determination of the Board shall immediately be filed in the office of the Village Clerk and shall be a public record.

(7) Any appeal to the Board of Appeals shall stay all proceedings in furtherance of the action appealed from, except as otherwise provided in Village Law.

E. Special permits.

(1) The Board of Appeals shall hear and decide all applications for the following special permits:

(a) Accessory apartments, as defined in § 112-2 of this chapter.

(2) In considering a special permit application, after notice and public hearing, the Board of Appeals shall determine:

(a) That the permit will not prevent reasonable use of adjacent properties or of properties in adjacent districts.

(b) That the permit will not prevent the reasonable use of permitted or legally established uses in the district wherein the proposed use is to be located or in adjacent districts.

(c) That the safety, health and welfare of the village will not be adversely affected by the proposed permit.

(d) That the permit will be in harmony with the intent of this chapter.

(3) The Board, in granting a special permit, shall prescribe conditions it deems reasonable and necessary in order that the results of its action may be as nearly as possible in accordance with the intent of this chapter and the zoning district in which the property is located.

(4) If, for any reason, the practice of the use authorized under a special permit shall fall into disuse or cease for more than six (6) months, the permit shall expire and shall be restored only upon the granting of new special permit.

F. Exceptions. The Board of Appeals may modify, the exterior side yard requirements for principal buildings on deep corner lots. provided that the following findings are made:

(1) The rear yard is at least fifty (50) feet in depth.

(2) Such modification will not adversely affect the adjoining property.

G. Lapse of authorization. Any variance, special permit, site plan approval or modification of regulations authorized by the Board of Appeals shall be automatically revoked unless a building permit conforming to all the conditions and requirements established by the Board of Appeals is obtained within six (6) months of the date of approval by the Board of Appeals and construction commenced within one (1) year of such approval date.

H. Violation of conditions or restrictions. Failure to comply with any condition or restriction established by the Board of Appeals in approving any variance or granting of a special permit or a modification of regulations shall constitute a violation. Such violation may constitute the basis for revocation of a variance, special permit or modification or for the imposition of further penalties.

§ 112-24. Satellite antennas.

A. An accessory structure, as defined in § 112-2 of the Village Code, shall be deemed to include a satellite antenna, unless attached to the principal building.

B. For purposes of compliance with all setback requirements contained in the Village Zoning Code, a satellite antenna shall be deemed to include all cables, guide wires, supports and any other aboveground appurtenances necessary for proper construction and maintenance of the satellite antenna.

C. No satellite antenna shall be constructed without a building permit. Application for a building permit shall be made by the owner of the affected premises. The application shall include a survey of the property, showing the location of all physical improvements on premises as well as the proposed location of the satellite antenna and any proposed fencing or landscaping to be used to screen the antenna. Lot measurements and distances between all lot lines and structures shall be clearly set out.

(1) Any application for erection of a satellite antenna on the roof of a principal building must be accompanied by a set of plans detailing the necessary construction particulars and sealed by an architect or engineer.

(2) When attached to the roof of a principal building, a satellite antenna shall be located as follows:

(a) Where the ridge line of the roof is parallel to the street line, the antenna shall be placed on the back sloping side of the roof.

(b) Where the ridge line of the roof is perpendicular to the street line, the antenna shall be placed no closer to the street than the midpoint of the roof ridge line.

D. The diameter of a satellite antenna shall not exceed eight (8) feet along its longest axis, and the maximum height above ground level shall not exceed fourteen (14) feet when located on the ground.

E. The color of any satellite antenna shall be of solid earth tones in beige, brown, black, gray or green, and the original color shall be maintained at all times.

F. Consistent with the ability to receive a usable satellite signal, a satellite antenna shall be so located and designed as to reduce or eliminate its visibility from surrounding properties at street level and from the public streets. The construction of any fence or other screening structure shall be consistent with existing village codes regulating fencing and other types of screening. (1) Editor's Notes: See Ch. 25, Fences

G. The construction of any satellite antenna shall be accomplished in a good, workmanlike manner, and installation shall be in such manner as to give reasonable assurance of the absence of potential hazard resulting from wind, electrical or other elements affecting the safety of individuals on property. Every satellite antenna must be adequately grounded for protection against a direct strike by lightning. An antenna may not be located on any trailer or any other portable device.

H. All lettering, symbols or other pictorial matter displayed on any part of a satellite antenna or supporting structures may consist only of the manufacturer's identification and shall not exceed in size a total area of two (2) square feet.

I. Not more than one (1) satellite antenna shall be erected on any individual premises, except that in any district zoned R-3M or in any commercial or manufacturing district a maximum of two (2) satellite antennas may be permitted.

J. A satellite antenna may be mounted on, or attached to or adjacent to, a building in a district zoned commercial (C) or manufacturing (M), but the maximum height thereof may not exceed fifteen (15) feet above the highest point of the building roof. 

A picture of Dodge Mill pictured in 1894 after it burned .Jonathon Dodge lost his life while trying to battle the fire. click here to see a bigger picture.

A picture of Glen Falls taken in 1907. Another view of The Dodge Mill taken in 1907. click here to see a bigger picture.