[HISTORY: Adopted by the Board of Trustees
of the Village of Muttontown 7-1-1973 as Art. 25 of the 1973 General Ordinance. Amendments noted
where applicable.]
A.
It is found and declared that uniformity in the exterior
design and appearance of buildings erected in the same residential
neighborhood for occupancy as single-family dwellings adversely affects
the desirability of immediate and neighboring areas for residence
purposes and by so doing impairs the benefits of occupancy of existing
residential property in such areas, impairs the stability and value
of both improved and unimproved real property in such areas, prevents
the most appropriate use of such real property, prevents the most
appropriate development of such areas, produces degeneration of residential
property in such areas with attendant deterioration of conditions
affecting the health, safety and morals of the inhabitants thereof,
deprives the municipality of tax revenue which it otherwise could
receive and destroys a proper balance in relationship between the
taxable value of real property in such areas and the cost of the municipal
services provided therefor.
B.
It is the purpose of this chapter to prevent these
and other harmful effects of uniformity in the exterior design and
appearance of buildings erected in the same residential neighborhood
for occupancy as single-family dwellings and thus to promote and protect
the health, safety, morals and general welfare of the community.
C.
Therefore, in order to regulate uniformity in the
exterior design and appearance of buildings erected in the same residential
neighborhood for occupancy as single-family dwellings and to create
and define the powers and duties of a board with authority to hear
and decide appeals from action relating thereto, the following regulations
are adopted.
[Amended 9-11-2000 by L.L. No. 3-2000]
A.
Except as provided in this chapter, no building permit shall be issued under Chapter 190, Zoning, and the State Uniform Fire Prevention and Building Code for the erection of any building for occupancy as a single-family dwelling if it is like or substantially like any neighboring building, as hereinafter defined, then in existence or for which a building permit has been issued in more than three of the following six respects:
(1)
Height of the main roof ridge or, in the case of a
building with a flat roof, the highest point of the roof beams above
the elevation of the first floor.
(2)
Height of the main roof ridge above the top of the
plate. (All flat roofs shall be deemed identical in this dimension.)
(3)
Length of the main roof ridge or, in the case of a
building with a flat roof, length of the main roof.
(4)
Width between outside walls at the ends of the building
measured under the main roof at right angles to the length thereof.
(5)
Relative location of windows in the front elevation
or in each of both side elevations with respect to each other and
with respect to any door, chimney, porch or attached garage in the
same elevation.
(6)
In the front elevation, both relative location with
respect to each other of a garage, if attached, porch, if any, and
the remainder of the building and either:
(a)
Height of any portion of the building located
outside the limits of the main roof, measured from the elevation of
the first floor to the roof ridge or, in the case of a flat roof,
the highest point of the roof beams; or
(b)
Width of said portion of the building if it
has a gable in the front elevation; otherwise length of said roof
ridge or said flat roof in the front elevation.
B.
Buildings shall be deemed to be like each other in
any dimension with respect to which the difference between them is
not more than four feet. Buildings between which the only difference
in relative location of elements is end-to-end or side-to-side reversal
of elements shall be deemed to be like each other in relative location
of such elements. In relation to the premises with respect to which
the permit is sought, a building shall be deemed to be a neighboring
building if the lot upon which it or any part of it has been or will
be erected is any one of the following lots, as shown on the Tax Map
of the Village:
(1)
Any lot on the street upon which the building to be
erected on said premises would front which is the first or the second
lot next along said street in either direction from said premises,
without regard to intervening street lines;
(2)
Any lot any part of the street line frontage of which is across said street from said premises or from a lot referred to in Subsection B(1) of this section;
(3)
Any lot any part of the street line frontage of which
faces the end of and is within the width of said street, if there
are fewer than two lots between said premises and the end of said
street;
(4)
Any lot on another street which adjoins said premises
on such other street; or
(5)
Any lot any part of the street line frontage of which is across such other street from said premises or from a lot referred to in Subsection B(4) of this section; provided, however, that, notwithstanding any of the foregoing provisions of this section, no building shall be deemed to be a neighboring building in relation to said premises if its rear elevation faces the street upon which the building to be erected on said premises would front.
A.
Denial of building permit. In any case in which the Building Inspector of the Village shall deny an application for a building permit solely or partly because of the provisions of § 35-2A of this chapter, he shall promptly send to the applicant, by mail addressed to the address of the applicant set forth in the application, a notice of his action which shall specify the ground or grounds upon which the same is based.
B.
Appeal. Any person aggrieved by action of the Building Inspector in denying an application for a building permit solely or partly because of the provisions of § 35-2A of this chapter and any officer of the Village who claims that action of the Building Inspector in granting an application for a building permit violates such provisions may take an appeal therefrom to the Zoning Board of Appeals by filing a notice of appeal, which shall specify the grounds thereof, with the Building Inspector and with the Board within 30 days from the date on which such action was taken. Upon receipt of such notice of appeal, the Building Inspector shall forthwith transmit to the Zoning Board of Appeals all of the papers constituting the record upon which the action appealed from was taken.
C.
Stay of proceeding. Unless the Zoning Board of Appeals shall otherwise direct, an appeal duly taken as provided in Subsection B of this section stays all proceedings in furtherance of the action appealed from.
D.
The Zoning Board of Appeals shall fix a reasonable time for the hearing of each appeal duly taken as provided in Subsection B of this section and give due notice thereof to the parties and shall hold said hearing and decide said appeal within a reasonable time. The hearing shall be open to the public. Upon the hearing, any party may appear in person or by agent or by attorney. The Board may reverse or affirm, wholly or partly, or may modify the action appealed from insofar as it relates to the provisions of § 35-2A of this chapter and shall make such order, requirement, decision or determination as in its opinion ought to be made in the circumstances, and to that end shall have all the powers of the Building Inspector in connection with the application of the provisions of § 35-2A of this chapter. Where there are practical difficulties or unnecessary hardships in the way of carrying out the strict letter of said provisions, the Board shall have the power, in passing upon appeals, to vary or modify the application of such provisions in harmony with their general purpose and intent so that the spirit of this chapter shall be observed, public safety and welfare secured and substantial justice done.
[Amended 9-11-2000 by L.L. No. 3-2000]
