Town of Babylon, NY
Suffolk County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Babylon 8-16-1994 by L.L. No. 14-1994.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Environmental Conservation Commission — See Ch. 18.
Department of Environmental Control — See Ch. 20.
Building construction — See Ch. 89.
Coastal erosion hazard areas — See Ch. 99.
Environmental quality review — See Ch. 114.
Excavations — See Ch. 117.
Flood damage control — See Ch. 125.
Freshwater wetlands — See Ch. 128.
Preservation of historic areas — See Ch. 137.
Multiple dwellings — See Ch. 153.
Sewers — See Ch. 181.
Streets and sidewalks — See Ch. 191.
Zoning — See Ch. 213.
[1]
Editor's Note: This local law also repealed former Ch. 186, Site Plan Review, adopted 2-15-1977 by L.L. No. 1-1977, as amended.

§ 186-1 Legislative purpose; findings.

A. 
Pursuant to § 274-a of the Town Law, the Town Board herein enacts this chapter to regulate the review of site plan applications and the issuance of site plan approvals, denials, approvals with modifications and approvals with conditions.
B. 
The Town Board finds that reasonable supervision and control over the layout and design of certain sites is necessary to provide for community health, safety and welfare. While a designated use may be appropriate for a certain zoning district or even a particular parcel, control over layout and design of the site must be effected in order to integrate the site into the surrounding community and to obviate, or at least substantially mitigate, negative effects a particular developmental proposal could or would engender. Further, the regulations provided in Chapter 213, Zoning, do not provide the type of site-specific review necessary to assure those ends. Accordingly, the Town Board finds that, in the circumstances set forth below, proposals for site development or redevelopment must be reviewed and approved prior to the issuance of any building permit or certificate of occupancy respecting such development or redevelopment.
C. 
The Board also finds that the site plan review process must be designed to both protect, preserve and advance the interests of the community and to encourage positive economic development within the Town. While community interests must not be sacrificed, it also must be recognized that excessive, duplicative or unnecessary administrative proceedings serve only to chill economic growth. The underlying aim of this chapter is to provide control over construction in a manner which prevents negative construction and encourages positive community and economic development.

§ 186-2 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:
COMMISSIONER
The Commissioner of the Department of Planning and Development.
PLANNING BOARD
The duly constituted seven-member Planning Board of the Town of Babylon, and up to three alternate members to serve when a member has a conflict of interest or is absent or where there is a vacancy. The Town Board intends to supersede § 271(15) of the Town Law which allows alternates only where a conflict of interest exists.
[Amended 4-26-2005 by L.L. No. 5-2005]
SITE PLAN
A rendering, drawing or sketch prepared to all relevant specifications and containing necessary elements, as set forth in this chapter, which show the arrangement, layout and design of the proposed use of a single parcel of land as shown on said plan. Plats showing lots, blocks or sites which are subject to review pursuant to authority provided for the review of subdivisions under § 276 of the Town Law shall continue to be subject to such review and shall not be subject to review as site plans under this chapter. However, this chapter shall apply in the case of any proposal which contemplates the use of a particular parcel in conjunction or interrelation with one or other parcels. In such circumstance the term "single parcel" as stated above shall be deemed to respect all of the properties involved.

§ 186-3 Issuance of building permits and certificates of occupancy.

Where an approved site plan, or the approval of modifications to an existing site plan, is required pursuant to this chapter, no building permit, plumbing permit, sign permit or certificate of occupancy may be issued until such time as the site plan approval or approval of site plan modification is issued.

§ 186-4 Expiration in absence of construction.

A. 
Any site plan approval or approval of site plan modification issued pursuant to the provisions of this chapter shall become null, void and of no further effect unless, within 180 days after filing thereof, construction upon that approved site plan shall actually have commenced; provided, however, that excavation for and/or construction of a building foundation alone shall not be deemed to be commencement of the erection or construction of such building or structure. Extensions of 180 days may be granted by the Planning Board for just cause shown.
B. 
However, in such instance where an approved site plan requires area or use variance relief or special permission issued by the Zoning Board of Appeals or another Town board or agency, the one-hundred-eighty-day period shall not begin to run until the Zoning Board of Appeals or other respective Town board or agency shall file its determination on an application respecting such relief when application is filed with the Zoning Board of Appeals or other Town board or agency within 60 days of the filing of the site plan approval or preliminary site plan approval.

§ 186-5 Additional site plan applications.

No parcel or part thereof may be the subject of an application for a site plan approval within one year after the determination rendered on a site plan application is filed, unless such application is substantially different from the previous application.

§ 186-6 Site plan approval.

The Planning Board of the Town of Babylon is hereby authorized to review, approve, disapprove, approve with modifications and approve with conditions site plans and modifications to existing site plans as required by this chapter.
A. 
An approved site plan, which shall not require that a public hearing be held, shall be required for the following when such concerns commercial, industrial, multiple residence or senior citizen multiple residence development:
(1) 
Any application for a building permit or certificate of occupancy where there is an increase in building area or floor area, exclusive of outside storage, of 10% or more.
(2) 
Any application for a building permit or certificate of occupancy respecting a retaining wall and/or bulkhead.
(3) 
Any application for a building permit or certificate of occupancy which proposes the use of parking facilities located on any other parcel, whether adjacent or not.
(4) 
Any substantial reconfiguration of a site or approved site plan.
(5) 
New commercial, industrial, multiple residence or senior citizen multiple residence development.
(6) 
Substantial commercial, industrial, multiple residence or senior citizen multiple residence redevelopment.
(7) 
Any significant commercial, industrial, multiple residence or senior citizen multiple residence redevelopment or reconfiguration of an approved site plan located within 100 feet of any waterway or designated wetland.
(8) 
Any application for a building permit or certificate of occupancy which receives a positive declaration pursuant to applicable environmental quality review statutes and regulations by another involved agency.
(9) 
Any application for a building permit or certificate of occupancy which requires that an environmental declaration be made and no other Town agency has jurisdiction over the issue.
(10) 
Any change of use which increases on-site parking requirements by 10% or more if such requires providing a parking area not on an existing site plan.
(11) 
Any application respecting the outside storage of material, whether or not offered for retail or wholesale sales, which occupies 10% or more of the subject property.
(12) 
Any application for a building permit or certificate of occupancy which seeks to erect freestanding lighting within 100 feet of any residentially zoned or developed property, any public park or any waterway.
(13) 
Any application for a building permit or certificate of occupancy which seeks to erect fencing which is 10 or more feet in height.
(14) 
Any application for a building permit or an application concerning site development which fails to conform to the site development guidelines adopted by the Planning Board pursuant to § 186-13, unless waived or modified by the Planning Board.
(15) 
Any application for a building permit or certificate of occupancy concerning site development which the Commissioner determines presents issues which could or would foster a negative impact upon the health, safety and/or welfare of the local community or persons living and/or working in the Town or would require full site plan review to comply with the intent of this chapter.
B. 
An approved site plan, which may be issued only after the conclusion of a public hearing held pursuant to the terms of this chapter, shall be required for the following when such concerns commercial, industrial, multiple residence or senior citizen multiple residence development:
(1) 
Applications pertaining or related to any subdivision.
(2) 
Site plan applications made pursuant to Subsection A hereof where the subject property adjoins property residentially developed or residentially zoned. Residentially zoned or developed property shall include property zoned multiple residence and property zoned senior citizen multiple residence. However, this subsection shall not apply when the residentially zoned property is designated as a cemetery. "Adjoining," as employed herein, shall include property located on the opposite side of any street with the exception of a thoroughfare having a state or county route number.
C. 
The Planning Board, however, may hold a public hearing on any application indicated in Subsection A above, notwithstanding that such a hearing is not required, if the Planning Board deems that a public hearing would be necessary or helpful in its review of the application at issue.
D. 
The Planning Board shall hold a public hearing on any application indicated in Subsection A above, notwithstanding the fact that such a hearing is not required, if the applicant or the Commissioner files a request for a hearing within 10 days of the submission of the final site plan to the Planning Board for review. A failure to so file shall be deemed a waiver by the applicant.

§ 186-7 Requirements for public hearing.

A. 
Any public hearing held pursuant to this chapter must comply with all requirements set forth in the Town Law.
B. 
Additionally, the subject property is to be posted for a period of not less than 10 days immediately preceding the public hearing. The applicant shall erect on the affected property a sign or signs of green printing on a white background measuring 30 inches high and 40 inches wide, which shall be prominently displayed on the premises facing each public street (maximum spacing of 200 feet on center) on which the affected property abuts, set back not less than 10 feet from the property line and shall not be less than two feet nor more than six feet above the grade of the property line, giving notice that the application for site plan approval is pending and the date, time and place when the public hearing will be held.
C. 
The requirements set forth in Subsection B hereof may be modified by the Planning Board to adjust to the particular characteristics of an individual parcel and to ensure that any and all signs posted are plainly visible.
D. 
Notice to surrounding property owners.
[Added 6-6-2000 by L.L. No. 12-2000]
(1) 
Not less than 15 days prior to the date fixed for the public hearing, the applicant shall file with the Clerk of the Board the following:
(a) 
A radius map drawn by a professional engineer or architect for all applications where the subject property is used as or zoned business or industrial, which map shall depict all properties and zoning districts within 200 feet of the perimeter of the subject property.
(b) 
A copy of the Suffolk County Tax Map for all applications with a two hundred-foot border drawn around the perimeter of the subject property.
(c) 
A list of names and addresses of all owners of properties within 200 feet of the perimeter of the subject property, as listed on the assessment rolls of the Town.
(d) 
Envelopes (Size 10: 4 1/8 inches by 9 1/2 inches) with first-class postage affixed thereto, addressed to the owners of properties located within 200 feet of the perimeter of the subject property, as listed on the assessment rolls of the Town, which envelopes shall name the Board as the return addressee.
(2) 
The Clerk of the Board shall mail notice of the hearing utilizing the foregoing not less than 10 days prior to the date fixed for the hearing. The failure of a property owner to actually receive the notice required by this section shall not be deemed a jurisdictional defect, and the Board, in its discretion, may proceed with the hearing and render a decision.

§ 186-8 Conditions and modifications to approved site plans.

A. 
The Planning Board shall have the authority to impose such reasonable conditions and/or restrictions as are directly related to and/or incidental to a proposed site plan, reasonably anticipated uses thereof and/or reasonably anticipated community development. Such conditions and/or restrictions may be imposed as covenants and restrictions.
B. 
The Planning Board shall have authority to impose modifications as are directly related to and/or incidental to a proposed site plan, reasonably anticipated uses thereof and/or reasonably anticipated community development.

§ 186-9 Site plan review objectives.

A. 
In reviewing site plans, consideration shall be given to the public health, safety and welfare and to the comfort and convenience of the public in general, of the residents of the community at large and of the immediate neighborhood in particular.
B. 
In reviewing site plan applications, the Planning Board shall give consideration to the following factors, among others:
(1) 
That all proposed vehicular and pedestrian accessways, entrances and exits are adequate in width, grade, alignment and visibility; are not located too near street corners or other places of public assembly; and other similar design and safety considerations.
(2) 
That adequate off-street parking and loading spaces are provided to prevent parking in public streets of vehicles of any persons connected with or visiting the site, and that the interior vehicular and pedestrian circulation system is adequate to provide safe and reasonably viable accessibility to all required off-street parking lots, loading bays and building services.
(3) 
That sites are reasonably screened from the view of adjacent and/or nearby residentially zoned or developed parcels and residential streets and that the general landscaping and general character of the site is such as to enhance the character of the Town and local community and is in character with the neighborhood.
(4) 
That all existing trees over four inches in diameter, measured three feet above the base of the trunk, shall be retained to the maximum extent possible. The Planning Board and/or Commissioner may require an applicant to submit a plan showing all such trees and/or all existing vegetation. If review pursuant to this chapter is required, no land clearing shall be conducted except pursuant to the approved site plan and not until the site plan approval has been filed.
(5) 
That all plazas and other paved areas intended for use by pedestrians shall, to the extent reasonably practical, employ decorative pavements and/or shall use plant materials so as to prevent the creation of vast expanses of pavement.
(6) 
That all outdoor lighting is of such nature and design and arranged so as to preclude the diffusion of glare onto adjoining properties and streets.
(7) 
That building facades are compatible with the surrounding area.
(8) 
That the drainage system and layout proposal will afford an adequate solution to any reasonably anticipated drainage problems.
(9) 
That plans for internal water and sewer systems are adequate.
(10) 
That the site plan is in conformance with such portions of the Comprehensive Land Use or Master Plan of the Town that may be in existence and with Ch. 213, Zoning. The Planning Board shall also give consideration to the proposed and reasonably anticipated uses of the parcel pursuant to Ch. 213, Zoning.
(11) 
That the refuse containment and disposal facilities are adequate for the site and do not intrude upon adjacent property, streets or other public ways or individuals visiting or working on the site.
(12) 
That the general health, safety and welfare of the Town and the local community is not negatively affected by the proposed site plan.
(13) 
That the proposed site plan will provide development in harmony with and which will have a positive influence upon the community.

§ 186-10 Site plan review procedures.

A. 
After receipt of the completed application, which shall include copies of the proposed site plan and all required information, a post-submission conference shall be scheduled with the Commissioner or his designated representative to discuss and review the site plan submitted so that the applicant may proceed with a clear understanding of the Town's requirements in matters relating to the development of the site, including the provisions of this chapter and Chapter 213, Zoning.
B. 
At the conclusion of the post-submission conference, the applicant may elect to make revisions to the proposed site plan or to proceed with the site plan submitted. Another post-submission conference, as indicated above, shall be held after the submission of any revised site plan. However, the Commissioner may waive any such conference if such is not necessary to foster the objectives of this chapter. The Planning Board is not bound by any recommendations made by the Commissioner in its independent review of the application.
C. 
The Commissioner may require a presubmission conference in such circumstances as is reasonably necessary and helpful to further and to implement the objectives of this chapter.
D. 
Within 60 days after the conclusion of the final post-submission conference, a copy of the final proposed site plan shall be filed by the applicant with the Planning Board. If a final proposed site plan is not timely filed, it shall be deemed abandoned. The Planning Board may, however, grant extensions of the sixty-day time frame.
E. 
If a public hearing is not required, the Planning Board shall render a decision on the application within 62 days of the first meeting of the Planning Board occurring after the final site plan has been filed.
F. 
If a hearing is held with regard to the application, the Planning Board shall render its decision within 62 days from the conclusion of that hearing.
G. 
The time within which the Planning Board must render its decision may be extended by mutual consent of the Planning Board and the applicant.
H. 
All Planning Board decisions must be filed with the Town Clerk and a copy thereof mailed to the applicant.

§ 186-11 Site plan application requirements.

A. 
The applicant shall cause a site plan to be prepared by an architect, civil engineer or surveyor. The site plan shall include those of the elements listed herein which are appropriate to the proposed development and any additional information required by the Planning Board.
B. 
The applicant shall provide the following information:
(1) 
Name and address of the owner of record.
(2) 
A copy of the existing deed and any easements or covenants and restrictions applying to the property.
C. 
The site plan shall include:
(1) 
The location of existing and proposed buildings and/or structural improvements.
(2) 
The location and design of all uses not requiring structures, such as off-street parking and loading areas, and areas designated for outside storage.
(3) 
The location, height, direction, power and time of operation for any proposed outdoor lighting.
(4) 
The location of any exterior signs.
(5) 
The location, arrangement and proposed means of access and egress, including sidewalks, driveways or other paved areas; profiles indicating grading and cross sections showing width of roadway, location and width of sidewalks and location and size of water and sewer lines. Proposed pedestrian connections to public parking lots should also be shown.
(6) 
Proposed screening and other landscaping, including a planting plan.
(7) 
The location and connection to facilities of all proposed waterlines, valves and hydrants and all drainage and sewer lines or alternate means of water supply and sewage disposal and treatment facilities.
(8) 
An outline of any proposed easements, deed restrictions or covenants and a notation of any areas to be dedicated to any public agency.
(9) 
Any proposed new grades, indicating clearly how such grades will meet existing grades of adjacent properties or the street.
(10) 
Elevations of all existing and proposed principal and accessory structures.
(11) 
If the site plan indicates only a first stage, a supplementary plan indicating the ultimate site development and all phases of interim development.
(12) 
The location of any buildings, structures and vehicular and/or pedestrian entrances and exits within 50 feet of the subject property.
(13) 
Any other information required by the Planning Board.
D. 
Unless waived by the Planning Board, plans for all required improvements must be submitted by a civil engineer or licensed architect or surveyor. Installation of all improvements must be under the direct supervision of a registered architect or licensed engineer.
E. 
The applicant shall provide a letter from a licensed architect or engineer certifying that all construction, improvements and work has been completed in accordance with the approved site plan, Ch. 213, Zoning, the New York State Fire Prevention and Building Construction Code, the Babylon Town Code as well as all other relevant laws, rules and regulations. Such letter shall be a requirement for the issuance of a certificate of occupancy.

§ 186-12 Rulemaking and interpretation.

A. 
The Planning Board and Commissioner are hereby authorized to enact rules to supplement the requirements noted in § 186-11. The Planning Board and Commissioner may promulgate such forms as they deem appropriate respecting applications pursuant to this chapter.
B. 
The Planning Board shall have full authority to interpret and implement this chapter.

§ 186-13 Authorization to enact general site plan specifications and architectural guidelines.

A. 
The Planning Board is hereby further empowered to enact general guidelines and specifications for site development. Such authority includes setting guidelines for architectural design and character and designating an architectural style for zoning districts and portions thereof. Any application for a building permit or certificate of occupancy must comply with such restrictions unless a site plan is approved pursuant to § 186-14.
[Amended 3-28-1995 by L.L. No. 9-1995]
B. 
Guidelines and specifications adopted by the Planning Board pursuant to this section shall concern only the issues embraced within this chapter. Such guidelines and specifications may not conflict with any provision of Chapter 213, Zoning, or any other provision of the Town Code.

§ 186-14 Modification of application requirements.

A. 
With regard to any particular application, the Planning Board may, when reasonable, waive any requirements indicated in § 186-11, any rule it has promulgated pursuant to § 186-12 or any guidelines and specifications it has enacted pursuant to § 186-13 in the event that any such requirements are found not to further the interest of the public health, safety or general welfare or intent of this chapter or to be inappropriate to a particular site plan.
B. 
The Planning Board may require in any specific case that additional information be indicated on a site plan, notwithstanding that such is not required by § 186-11 or any rule promulgated pursuant to § 186-12 or general guidelines and specifications promulgated pursuant to § 186-13, if the Board finds such information necessary or beneficial to its review of the application.

§ 186-15 Referral for comment.

A. 
The Zoning Board of Appeals is hereby authorized to refer to the Planning Board for examination and comment any site plan or developmental proposal when it finds that such review and comment would be helpful in its review of any application within its jurisdiction. If the Planning Board shall determine that a site plan application is not required pursuant to the terms of this chapter, it shall issue a response to the Zoning Board of Appeals within 30 days. If the Planning Board shall determine that a site plan application is required, it shall so notify the Zoning Board of Appeals and the applicant within 30 days. If a site plan application is not necessary, the Planning Board may nevertheless issue comments and recommendations on the developmental proposal. However, such comments and recommendations shall not be binding upon the Zoning Board of Appeals. The time within which the Zoning Board of Appeals must make a decision shall be tolled during the pendency of any request made pursuant to this subsection.
B. 
The Planning Board shall be empowered to seek an advisory opinion from the Zoning Board of Appeals concerning the interpretation of any section of the Town Code within the jurisdiction of the Zoning Board of Appeals and/or concerning the necessity or nature of any variance or special exception relief which may be presented in any site plan application. In such circumstances, notice of the request shall be forwarded to the applicant who shall have 10 days to file comments with the Zoning Board of Appeals. The Zoning Board of Appeals may extend the ten-day requirement for good cause shown. The Zoning Board of Appeals shall file its response within 30 days after the expiration of the time frame within which the applicant may submit comments. The time within which the Planning Board shall be required to render a decision on the application shall be tolled during the pendency of any request for an advisory opinion.

§ 186-16 Fees.

All fees respecting applications filed pursuant to this chapter shall be set by the Town Board.

§ 186-17 Severability; higher standard to prevail.

A. 
The provisions of this chapter are severable. If any clause, sentence, paragraph, section, word or part of this chapter shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder thereof but shall be confined in its operation to the clause, sentence, paragraph, section, word or part thereof directly involved in the controversy in which such judgment shall have been rendered. The invalidity of any word, clause, sentence, paragraph, section or part of this chapter shall not affect the validity of any other part of this chapter which can be given effect without such invalid part or parts.
B. 
If any portion of this chapter is found to be in conflict with any other provision of any other local law or ordinance of the Code of the Town of Babylon, the provision which establishes the higher standard shall prevail.

§ 186-18 Departmental review.

[Added 4-18-2000 by L.L. No. 9-2000]
Where site plan review by the Planning Board is not required by this chapter in connection with an application for a building permit, the Commissioner may require reasonable site improvements in connection with a building permit application for nonresidential property, provided that such site improvements do not then require site plan review by the Planning Board or a variance by the Board of Appeals for approval of the building permit.
[Added 10-5-2004 by L.L. No. 30-2004]

§ 186-19 Legislative intent.

The Town Board finds that the new single-family homes, or substantial reconstruction, are being built without sufficient architectural review, resulting in homes that are not in character with the other homes in the area, are visually displeasing and have a negative impact on the value of the homes in the neighborhood. The Town Board further finds that granting the Planning Board architectural review will provide a mechanism to ensure that new homes are in character with the surrounding neighborhood, are visually pleasing and have a positive impact on home values.

§ 186-20 Applicability.

It is hereby specifically required that before a building permit is issued for new single-family homes or reconstruction where the area to be altered or reconstructed is at least 50% of the existing structure in all residence districts, such application must first receive a favorable architectural review from the Planning Board as set forth in Article II of Chapter 186 of this Code.

§ 186-21 Submission; information required.

A. 
As soon as possible, and in any event not more than 10 business days after receipt of a completed application for a building permit, the Building Inspector shall forward such application, together with the plans and other information set forth in Subsection B, to the Planning Board for architectural review thereof.
B. 
Applications must be accompanied by construction plans, floor plans and plans showing all elevations of new structures and all affected elevations in the case of additions or alterations. Such plans shall show all details of exterior construction, including materials for exterior walls, doors, windows and roofs. For all new structures, site plan with a scale minimum of one inch equals 20 feet must be submitted, showing the following:
(1) 
Property lines, including curblines of adjacent street.
(2) 
Outline of existing and proposed structure, including walks, driveways, terraces, walls and fences.
(3) 
Existing and proposed contours at two-foot intervals.
(4) 
Existing trees and trees to be removed with a trunk diameter of four inches or more at a point 12 inches above the ground.
(5) 
All proposed plantings.
(6) 
All necessary on-site drainage, if required.
C. 
The Building Inspector or the Planning Board may require submission of all or a portion of the above information as part of the application for an addition to an existing structure. The Building Inspector or the Planning Board may require the applicant to furnish grades and elevations of adjacent property and structures where they deem this information applicable to a proper evaluation of the relationship between existing and proposed structures.
D. 
Applications must include an architectural review fee which shall be set by Town Board resolution.

§ 186-22 Features and suitability of site to be considered.

In considering an application for a permit, the Planning Board shall take into account natural features of the site and surroundings, exterior design and appearances of existing structures and the character of the neighborhood and its peculiar suitability for particular purposes, with a view to conserving the values of property and encouraging the most appropriate use of land.

§ 186-23 Grounds for favorable review.

The Planning Board may recommend the issuance of a building permit to the Building Inspector for any application referred to it upon finding that the building or structure for which the permit was requested, if erected or altered in accordance with the submitted plan, would be in harmony with the purpose of this chapter, would not be visually offensive or inappropriate by reason of poor quality of exterior design, would not have monotonous similarity or striking visual discord in relation to the sites or surrounding area, would not mar the appearance of the area, 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 the site or of adjacent lands and would not adversely affect the functioning economic stability, property, health, safety and general welfare of the entire community.

§ 186-24 Conditions of favorable review.

In making a favorable review of any application, the Planning Board may recommend appropriate conditions and safeguards.

§ 186-25 Reasons for unfavorable review.

The Planning Board may refuse to give a favorable review for any application for a permit, provided that the Board has afforded the applicant an opportunity to confer upon suggestions for change of the plan and provided that the Board finds and states that the structure for which the permit was requested would, if erected or altered as requested by the applicant, result in the following:
A. 
Monotonous similarity to any other structure of structures located or proposed to be located on the same street or a corner thereof and within 250 feet of the site of the structure for which a building permit is requested, in respect to one or more of the following features of exterior design and appearance:
(1) 
Substantially identical facade, disregarding color;
(2) 
Substantially identical size and arrangement of either doors, windows, porticos, porches or garages or other openings or breaks or extensions in the facade, including reverse arrangements; or
(3) 
Other substantially identical features, such as but not limited to setbacks from street lines, heights, widths and lengths of elements of the building design and exterior materials and treatments.
B. 
Striking dissimilarity, visual discord or inappropriateness with respect to other structures located or proposed to be located on the same street or a corner thereof and within 250 feet of the site of the structure for which a building permit is requested.
C. 
Outside cellar entrances.
D. 
Any elevated building located in an AE Flood Zone that has an open design between the first floor joists and the perimeter grade beam. (This does not apply to construction located in a VE Flood Zone or adopted Coastal A Flood Zone).
[Added 7-7-2015 by L.L. No. 8-2015]