[Added 11-7-1952]
[Amended 7-20-1966; 4-10-1972]
The Board of Trustees hereby finds that excessive
similarity, dissimilarity or inappropriateness of design and the exterior
appearance of buildings in the residential districts of the Village,
in relation to the prevailing appearance of residential buildings
in the vicinity thereof, would adversely affect the desirability of
the immediate area and neighboring areas for residential purposes;
discourage the most appropriate use of land throughout the Village;
and impair the benefits of occupancy of existing property, impair
the stability and value of both improved and unimproved real property
and destroy a proper relationship between the taxable value of real
property and the cost of municipal service provided therefor. The
Board of Trustees further finds that inappropriateness of design of
buildings in business districts would have similar adverse effects
on both residential and business property. 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.
The Planning Board heretofore established shall determine the effects of a proposed building or proposed extension or modification of a building, a group of buildings or plan of building development on the desirability, property values and development of surrounding areas and on the development of the Village as a whole. For this purpose, the Planning Board is hereby authorized to retain, under arrangements subject to the approval of the Board of Trustees, the services of an architect who need not be a resident of the Village of Lake Success and who shall be qualified by reason of training and experience to assist the Planning Board in carrying out the provisions of this Article. The Planning Board shall have power, from time to time, to adopt, amend and repeal rules and regulations not inconsistent with law or the provisions of the local law governing its procedure and the transaction of its business and for the purposes of carrying into effect the standards outlined in § 105-35 hereof. Every rule or regulation, every amendment or repeal thereof and every order, requirement, decision or determination of the Planning Board shall immediately be filed in the office of the Clerk of the Village of Lake Success and shall be a public record.
[Amended 7-20-1966; 4-10-1972]
All applications for building permits filed
with the Building Inspector and involving the exterior appearance
of buildings in the residential or business districts of the Village,
or a group of such buildings, shall be accompanied by a Planning Board
fee in such amount as shall be established by resolution of the Board
of Trustees[1] and shall be in addition to such other fees as may be
required under the Building Code Ordinance[2] or any of the Village ordinances of the Incorporated Village
of Lake Success. When such application is made to the Building Inspector,
he shall, within three days after such application has been duly filed,
exclusive of Saturdays, Sundays and holidays, file said application
with the Planning Board.
[Amended 4-10-1972; 6-9-1997 by L.L. No. 3-1997]
A.
General.
(1)
The Planning Board shall determine the effects of
a proposed building or proposed extension or proposed alteration or
modification of a building, a group of buildings or plan of building
development on the surrounding areas and on the Village as a whole.
In making such determination, the Planning Board shall also consider
the architectural design and appearance of the proposed structures
or alterations. The design elements to be considered by the Planning
Board include, but are not limited to, the following:
(a)
Exterior facade of the proposed building extension,
alteration or modification.
(b)
Significant design features such as, but not
limited to, heights, widths, lengths and proportions of scale of elements
of design.
(c)
Size and arrangement of gables, dormers, doors,
windows, porticos, porches, garages or other openings, breaks or extensions
in the facade.
(d)
Exterior materials, treatment and colors, roof
structures, exposed mechanical equipment, service and storage areas,
retaining walls, landscaping, decks, light posts, parking areas, fences,
berms, driveways or other site design features.
(e)
Compatibility of the proposed structure with
the terrain on which it is to be located, including its relationship
to the homes in the surrounding area.
(2)
The Planning, Board shall disapprove any application
for a building or alteration permit referred to it if the Board finds:
(a)
Excessive similarity of design in relation to any other structure existing in the vicinity, or for which a permit has been issued or to any other structure included in the same permit application, with respect to one or more of the features of exterior design and appearance referred to § 105-35A(1).
(b)
Excessive dissimilarity of design or inappropriateness of design or site plan in relation to any other structure existing in the vicinity, or for which a permit has been issued or to any other structure included in the same permit application, or inappropriateness or excessive dissimilarity of design in relation to the characteristics of residential building design generally prevailing in the Village in respect to features of exterior design or appearance as set forth in § 105-35A(1).
(3)
In disapproving any application for a building or
alteration permit, the Planning Board may suggest modifications in
the design of the building or alteration or any other requirements
which may be adequate to render the same acceptable under the provisions
of this article.
B.
In business districts.
(1)
The Planning Board shall disapprove any application for a building or alteration permit for a building or structure in a business district referred to it if the Board finds that the building for which the permit is sought or any building or a group of buildings covered by the application would, if erected, be incompatible with the character, design or development of the surrounding residential area or of the Village as a whole by reason of excessive similarity or dissimilarity of design or inappropriateness of design, as such elements are set forth in § 105-35A(1), construction material or site plan in relation to any other structure existing in the vicinity or for which a permit has been issued or to any other structure included in the same permit application in the Village with respect to exterior design or appearance.
(2)
In disapproving any application for a building or
alteration permit, the Planning Board may suggest modifications in
the design of the building or alteration or any other requirements
which may be adequate to render the same acceptable under the provisions
of this article.
[Amended 4-10-1972; 9-14-1987 by L.L. No. 4-1987]
The Building Inspector shall not issue any building or alteration permit for which the application has been disapproved by the Planning Board as provided in § 105-35, unless the plans for such building or alteration have been changed to embody any modifications in design which the Planning Board may have suggested as adequate to render such design acceptable. If the Planning Board approves an application or if, within 45 days after the date on which an application has been duly filed with the Planning Board or within such longer period as may have been consented to by the applicant, the Planning Board has not disapproved the same, the Building Inspector shall issue the permit applied for if the same conforms to the provisions of all other applicable laws and ordinances.
[Amended 12-8-2003 by L.L. No. 3-2003]
When a plan of development, including the design of the exterior appearance of any buildings, is submitted to the Planning Board as provided in § 105-34, the Planning Board may approve or conditionally approve such plan of building development and such building designs in accordance with the standards set forth in § 105-35A. An approval by the Planning Board granted pursuant to this chapter shall automatically terminate and expire one year after approval by the Planning Board of any such building development plan and building designs, unless the Building Inspector shall, on application conforming to the provisions of all other applicable laws and ordinances, issue a building permit for such approved building development plans and building designs, including any conditions attached to such approval.
Any person aggrieved by any action of the Planning
Board or of the Building Inspector may appeal therefrom to the duly
constituted Board of Appeals of the Village in the same manner as
is provided for zoning appeals, and the Board of Appeals, after proceeding
in the same manner as is provided for zoning appeals and with the
same power and authority vested in said Board of Appeals, when passing
upon appeals before it under the provisions of the Village Law, may
reverse, modify or affirm the action of the Planning Board or of the
Building Inspector.
This article shall supplement the provisions
of Subdivision 7 of § 89 and Article VII-A of the Village
Law of the State of New York, being Chapter 64 of the Laws of 1909,
as amended,[1] and shall modify the provisions of the Building Zone Ordinance
of the Village of Lake Success, as amended, to the extent that such
provisions conflict with or are contrary to the provisions of this
article.
[1]
Editor's Note: See now § 4-412 of
the Village Law.
