The Board of Trustees hereby finds that excessive
similarity in the exterior design and appearance of residential buildings
in the same residential neighborhood would adversely affect the desirability
of the immediate area and neighboring areas for residence purposes,
would discourage the most appropriate use of land throughout the Village,
would impair the benefits of occupancy of existing residential property,
impair the stability and value of both improved and unimproved property,
produce degeneration of residential property, with attendant deterioration
of conditions affecting the health, safety and morals of the inhabitants
of the Village, and destroy a proper relationship between the taxable
value of real property and the cost of municipal services provided
therefor. It is the purpose of this article to prevent these and other
harmful effects and thus to promote and protect the health, safety,
morals and general welfare of the community.
Except as provided in this article, no building permit shall be issued under the Building Code of the Village if the building for which the permit is sought or any building of a group of buildings covered by the permit would if erected, be so detrimental to the character, property values, or development of the surrounding residential area or of the Village as a whole as to produce one or more of the harmful effects set forth in § 176-178, by reason of excessive similarity of design in relation to more than one other building (existing or for which a permit has been issued, or for which a permit is sought in the same application), on a lot abutting on the same side of the street and within 200 feet or four lots (whichever is less) of the lot for which the permit is sought, in respect to one or more of the following features of exterior design and appearance:
A.
Apparently identical facade.
B.
Substantially identical size and arrangement of either
doors, windows, porticoes, or other openings or breaks in the facade
facing the street, including reverse arrangement; or
C.
Other significant identical features, such as, but not limited to, construction material, roofline and height or other design elements; provided that a finding of excessive similarity of design shall include not only that such similarity exists but, further, that it is of such a nature as to produce one or more of the harmful effects set forth in § 176-178.
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 § 176-179 of this article, he shall promptly send to the applicant by registered 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.
Any person aggrieved by the action of the Building Inspector in denying an application for a building permit solely or partly because of the provisions of § 176-179 and any person who claims that the action of the Building Inspector in granting an application for a building permit violates such provisions may take an appeal therefrom to the Board of Trustees of the Village by filing a notice of appeal, which shall specify the grounds thereof, with the Building Inspector and with the said Board of Trustees within 15 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 Board of Trustees all of the papers constituting the record upon which the action appealed from was taken.
Unless the Board of Trustees shall otherwise direct, an appeal duly taken as provided in § 176-181 stays all proceedings in furtherance of the action appealed from.
A.
The Board of Trustees shall fix a reasonable time for the hearing of each appeal duly taken as provided in § 176-181 of this article 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 in so far as it relates to the provisions of § 176-179 of this article and shall make such order, requirement, decision or determination as in its opinion ought to be made in the premises and to that end shall have all the power of the Building Inspector in connection with the application of the provisions of § 176-179 of this article. Where there are practical difficulties or unnecessary hardship in the way of carrying out the strict letter of such 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 article shall be observed, public safety and welfare secured and substantial justice done.
B.
If the Board of Trustees fails to make a decision or determination with respect to an appeal duly taken pursuant to § 176-181 hereof within 20 days after the date on which the notice of appeal therein was filed with the Board, or within such longer period as may have been consented to by the applicant, the Building Inspector shall issue the permit applied for, if the same conforms to the provisions of all other applicable laws and ordinances.
