[HISTORY: Adopted by the Board of Trustees of the Village of Williston Park 10-20-2014 by L.L. No. 4-2014. Amendments noted where applicable.]
Fire prevention and building construction — See Ch. 97.
Landmark preservation — See Ch. 124.
Landscape gardening — See Ch. 126.
Signs — See Ch. 182.
Zoning — See Ch. 230.
Editor’s Note: This local law also repealed former Ch. 7, Architectural Review Board, adopted 6-16-1980 by L.L. No. 5-1980, as amended.
The purpose of this article is to preserve and promote the character, appearances and aesthetics of the Village and to conserve the property values of the Village by providing procedures for an architectural review of the exterior of new construction and of certain alterations, additions and reconstruction where such alteration, addition, or reconstruction effects a significant change in the exterior appearance of the building and, by doing so, to:
Encourage good qualities of exterior building design and good appearances and to relate such design and appearances to the sites and surroundings of buildings.
Preserve the prevailing aesthetic character of the neighborhood and community and to enhance the same by means of complementary buildings.
Permit originality and resourcefulness in building design and appearances which are appropriate to the sites and surroundings.
Promote and encourage good qualities of architectural design and utilization of land in the erection and reconstruction of new buildings and the exterior refurbishing, reconstruction or alteration of existing buildings.
Assure that the design and location of any proposed building or the addition, alteration or reconstruction of any existing building is in harmony with the existing topography of its site and/or the existing building as well as the neighboring area and existing property.
Discourage and prevent such design that would adversely affect or cause the diminution in value of neighboring property, whether improved or unimproved.
Prevent such design and appearances as are unnecessarily offensive to visual sensibilities and which impair the use, enjoyment, value or desirability of neighboring properties and the health, safety and general welfare of the community at large.
The Board of Trustees hereby finds that:
Buildings which are visibly offensive or inappropriate by reason of poor exterior design, monotonous similarity, or striking visual discord or dissimilarity in relation to their site or surroundings would mar the appearances of their areas and would adversely affect the desirability of the immediate area and neighboring areas; and
Such buildings would discourage and prevent the most appropriate development and utilization of land throughout the Village; and
Such buildings would impair the use, enjoyment and desirability and stability of both improved and unimproved property and are detrimental to the character of neighborhoods, produce a degeneration of the value of real property with attendant deterioration of conditions affecting the functioning, economic stability, prosperity, 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 and findings of this article to prevent these and other harmful effects and thus to promote the health, safety, morals and general welfare of the community.
Any application for a building permit for the construction, reconstruction or alteration of any structure in the Village shall be made to the Building Inspector and shall include with the proposed plans for the structure front and side elevations, a description of the materials to be used on the exteriors of any structure, any proposed landscaping and a site plan showing any proposed driveways and off-street parking areas to be used in connection with the proposed structure.
Within 30 days after submission, the Building Inspector shall render a decision as to the acceptability of the plans and accompanying papers based on the following considerations:
Harmony of exterior design with other properties in the Village where similar uses are established.
Compatibility of exterior materials to be used with the exterior materials used on other buildings in the Village where similar uses are established.
Suitability and compatibility of the proposed landscaping.
Prevention of the use of grotesque designs of buildings, color schemes or exterior materials.
In his decision, the Building Inspector may approve the plans, approve on stated conditions, or reject the plans.
Final approved maps or plans, materials and specifications may not be altered in any way without the express prior approval of the Building Inspector. No construction work involving requested changes shall be commenced or continued until approval of the Building Inspector is granted. The Building Inspector shall, in cases of violation of this procedure, order all work to be halted and, if necessary, revoke the building permit until such time that he/she approves the amended plans or maps. This section may also be enforced by the Board of Trustees by means of injunction. If the Village proceeds by injunction and is successful, reasonable attorney's fees, engineering fees and other expert witness fees shall be paid by the defendant.
The Building Inspector, in reviewing plans for proposed driveways and off-street parking areas in a business district, shall approve such plans only if they meet the following purposes:
To provide appropriate screening of the driveway and parking areas from adjoining residential properties by planting or appropriate fences.
To provide a surface for the driveway and parking areas that will prevent dust from being raised.
To provide for the location of such driveway and parking areas so that they will not visually detract from the neighborhood appearance.
To provide, where appropriate, for such lighting as may be required to make the driveway and parking areas safe and convenient for night use, without adverse effect on neighboring properties.
To provide for such additional design and landscaping features as may be required to make the driveway and parking areas compatible with the character and appearance of the neighborhood in which they are located and the Village as a whole.
Any person aggrieved by the action of the Building Inspector under this article approving, approving with modifications or disapproving an application and of the grant or denial of a building permit under this article, may appeal to the Village Board of Trustees within 30 days after the filing of the decision of the Building Inspector. The Village Board of Trustees may reverse or affirm or modify and affirm the action of the Building Inspector under this article.
It shall be unlawful for anyone to substantially change the facade, including but not limited to the roof, doors, windows and other architectural details, in color, material or design, of any structure after such facade has been approved by the Building Inspector without the Building Inspector's prior approval.
It shall be unlawful for anyone to fail to maintain, and to the extent as may be necessary, replant any landscaping in accordance with any landscaping plan which has been approved by the Building Inspector for so long as the structure continues to stand for which such landscaping was imposed without the Building Inspector's prior approval.
It shall be unlawful for anyone to fail to adhere to the conditions imposed by the Building Inspector for so long as the structure continues to stand for which such conditions were imposed without the Building Inspector's prior approval.