Village of Lattingtown, NY: Findings.

Article I Elevation of Structures, Roadways and Sewage Systems

[Art. 16 of the 1998 General Ordinance Compilation]

It is found and declared that:

The Village is contiguous along its north boundary to the waters of Long Island Sound.

Certain areas of the Village adjacent to Long Island Sound are at or near sea level.

The waters of Long Island Sound are subject to storms, hurricanes, high water and exceptional tides and, as a consequence, flood or could flood low-lying lands within the Village adjacent to Long Island Sound, and thereby endanger the lives and property or residents and owners of such lands by flooding or by contamination.

The following regulations are necessary to promote and protect the public safety, health, welfare, good order and peace of the inhabitants and landowners of the Village and the public therein and to protect and secure their property and to protect and preserve the public streets and other property of the Village.

§ 114-2 Applicability; word usage. [1]

This article shall be an addition to the Building Code of the Village which is otherwise the New York State Uniform Fire Prevention and Building Code.

The words used in this article shall have the same meaning as is set forth in Chapter 315, Zoning, of the Code of the Village of Lattingtown to the extent that they are therein defined or used, otherwise they shall have the same meaning as is set forth in the New York State Uniform Fire Prevention and Building Code. In addition, mean sea level and elevation shall be taken from Nassau County datum as shown on the topographic map prepared by the Nassau County Department of Public Works and dated 1957.

[1]

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

§ 114-3 Building permit requirements.

No building permit shall be issued for any building within the Village, including accessory buildings and uses, but excepting any of the following structures provided they do not contain sleeping accommodations, namely, swimming pools and appurtenant bathhouses, beach club and beach association facilities, tool houses, play houses, greenhouses, tennis houses, tennis courts and riding rings, unless:

(1)

The elevation of any habitable floor area of any building is at least 12 feet above mean sea level.

(2)

The elevation of the level of the ground in all directions around the outside wall of the foundation of any such building is at least 10 feet above mean sea level for a distance of 30 feet.

No street or driveway shall be constructed or authorized unless the crown of the street is at least 10 feet above mean sea level.

No permit shall be issued for any building described in Subsection A hereof and no street or driveway shall be built on land which has been filled, or must be filled to comply with the provisions of this article (except where regrading is required only to provide a 1% drainage gradient of a building site), unless the applicant shall state in his application for a permit to erect such building, street or driveway the manner and extent to which and the materials with which said land has been filled or with which he proposes to do such filling and shall furnish engineering and/or laboratory test reports satisfactory to the Village Engineers and the Village Building Inspector, reasonably showing that the compaction of such fill and of the subsoil will properly support the structure or roadbed or any permanent improvement proposed to be erected thereon or installed therein.

No permit shall be issued for the construction of any facility or system for the disposal of sewage or other putrescent organic wastes: 1) on any lot which, in its natural state, has or had more than 75% of its lot area at an elevation of less than 10 feet above mean sea level and/or 2) in a location which, in its natural state, is or was at an elevation of less than 10 feet above mean sea level, unless such facility or system is designed by a civil engineer licensed to practice in the State of New York and is approved by the Village Engineers and, to the extent of their jurisdiction, by the New York State Board of Health and the Nassau County Department of Health. No such facility or system that is installed in the ground shall be backfilled without first having been inspected and approved by the Village Engineers.

§ 114-4 Variances; fees; indemnification of Village.

The Board of Appeals of the Village may permit the erection of a building or installation of a street or driveway not conforming to this article, upon application to said Board by the person proposing to erect such building or to install such street or driveway, if it shall find that the applicant meets the standards for a variance as provided for in the Village Law, and in granting such permit the Board of Appeals may impose such reasonable conditions for the protection of persons and property affected by the proposed erection or installation as it may deem reasonable and in the public interest.

[Amended 2-21-2007 by L.L. No. 1-2007]

In addition to any and all other fees prescribed by law, ordinance or regulation, the fees required by Chapter 145, Fees and Deposits, shall be paid upon application for the issuance of a permit where § 114-3D hereof is applicable.

[Amended 2-21-2007 by L.L. No. 1-2007]

Indemnification and release.

(1)

The acceptance of any person of a permit or the construction by any person of a street or driveway where § 114-3D or Subsection A of this section is or are applicable shall constitute an agreement by such person, his heirs or successors and assigns to indemnify the Village for and to hold the Village harmless from any damage, liability, claim suit or proceeding arising out of a change of the grade of any land, street or driveway.

(2)

The acceptance by any person of a permit or the construction by any person of a street or driveway where § 114-3D or Subsection A of this section is or are applicable shall constitute a waiver and release by such person, his heirs or successors and assigns in favor of the Village for any damage or injury to person or property sustained on the land for which the permit was accepted or on the street or driveway so constructed.

Article II Building Design

[Art. 25 of the 1998 General Ordinance Compilation]

§ 114-5 Findings.

[Amended 2-21-2007 by L.L. No. 1-2007; 4-11-2012 by L.L. No. 3-2012]

Declaration:

It is found and declared that excessive similarity and/or excessive dissimilarity 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. It is the purpose of this article to prevent these and other harmful effects of excessive similarity and/or excessive dissimilarity 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.

Therefore, in order to regulate excessive similarity and/or excessive dissimilarity 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 criteria for issuance of a building permit shall be applied.

§ 114-6 Criteria for building permit issuance.

Except as provided in this article, no building permit shall be issued under Chapter 315, Zoning, of the Code of the Village of Lattingtown and the New York State Uniform Fire Prevention and Building Code for the erection of any building for occupancy as a single-family dwelling if it is like, substantially like, unlike or substantially unlike any neighboring building then in existence or for which a building permit has been issued. In making this determination, the Building Inspector, in addition to any other item specific to the application, shall consider the following items:

[Amended 2-21-2007 by L.L. No. 1-2007; 4-11-2012 by L.L. No. 3-2012]

(1)

Materials, quality of construction, or architectural design;

(2)

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;

(3)

Height of the main roof ridge above the top of the plate (all flat roofs shall be deemed identical in this dimension);

(4)

Length of the main roof ridge, or, in the case of a building with a flat roof, length of the main roof;

(5)

Width between outside walls at the ends of the building measured under the main roof at right angles to the length thereof;

(6)

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;

(7)

In the front elevation, both:

(a)

Relative location with respect to each other of garage, if attached, porch, if any, and the remainder of the building; and

(b)

Either:

[1]

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

[2]

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.

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 less 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.

§ 114-7 Denial of building permit; appeals.

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 § 114-6 of this article, 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.

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 § 114-6 of this article 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 Board of Zoning 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 Board of Zoning Appeals all of the papers constituting the record upon which the action appealed from was taken.

Stay of proceeding. Unless the Board of Zoning 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.

The Board of Zoning 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 § 114-6 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 powers of the Building Inspector in connection with the application of the provisions of § 114-6 of this article. 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, applying the applicable standards under the Village Law.

[Amended 2-21-2007 by L.L. No. 1-2007]