[HISTORY: Adopted by the Board of Trustees of the Village of Laurel
Hollow 6-18-1963 as Ord. No. XX of the General Ordinances.
Amendments noted where applicable.]
A.
The Board of Trustees hereby finds 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 area 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 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.
B.
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, the Board of Trustees does hereby
adopt, ordain and enact the following.
A.
Except as provided in this chapter, no building permit
shall be issued under the Building Zone Ordinance and State Building Construction
Code of the village[1] 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 (3) of the following six (6) 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:
(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.
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
two (2) 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.
(1)
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 (1) of the following lots, as shown on the Tax Map of the village:
(a)
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.
(b)
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)(a) of this section.
(c)
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 (2) lots between said premises and the end of said street.
(d)
Any lot on another street which adjoins said premises
on such other street.
(2)
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.
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 § 12-2 of this chapter, 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 notice shall specify the ground or grounds upon which the same is based.
Insofar as it relates to the provisions of § 12-2 of this chapter, action of the Building Inspector shall be subject to administrative review only upon an appeal to the Board of Zoning Appeals of the village duly taken pursuant to and in accordance with the provisions of the Village Law and the rules of said Board.
