Village of Lake George, NY
Warren County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of Lake George as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Unsafe buildings — See Ch. 86.
Fire prevention — See Ch. 106.
Flood damage prevention — See Ch. 114.
Sewer use — See Ch. 166.
Streets and sidewalks — See Ch. 186.
Zoning — See Ch. 220.
[Adopted 12-2-1963[1]; amended 4-2-2018 by L.L. No. 3-2018]
[1]
Editor's Note: Designated as an amendment to Ord. No. 153, which ordinance accepted the applicability of the State Building Construction Code.
Pursuant to § 381, Subdivision 2, of the New York State Uniform Fire Prevention and Building Code Act, the Village Board of the Village of Lake George hereby elects not to administer or enforce the Uniform Fire Prevention and Building Code for the Village of Lake George and grants such enforcement authority to the County of Warren, Department of Fire Prevention and Building Code Enforcement.
[Adopted 10-7-1974 by L.L. No. 1-1974]
[Amended 8-17-1992 by L.L. No. 9-1992]
A. 
The Board of Trustees of the Village of Lake George finds that excessive uniformity, dissimilarity, inappropriateness or poor quality of design and undesirable location of buildings on their sites and signs, erected within the business, commercial and residential areas of the Village, adversely affect the desirability of the immediate and neighboring areas and thereby impair the benefits of occupancy of existing property in such areas, produce degeneration of property with attendant deterioration of conditions affecting the health and safety of those persons living or working in such areas and destroy the proper relationship between the taxable value of real property in such areas and the cost of municipal services provided therefor.
B. 
It is the purpose of this article to promote the character and appearance and conserve the property values of the Village, the attractiveness of whose residential and business areas is the economic mainstay of the community, by providing procedures for an architectural review of structures henceforth erected, reconstructed or altered in the Village, and thereby:
(1) 
To encourage good qualities of exterior building and sign design and good appearances and to relate such design and appearances to sites and surroundings of the structures.
(2) 
To permit originality and resourcefulness in building and sign design and appearances which are appropriate to the sites and surroundings.
(3) 
To prevent such design and appearances as are necessarily offensive to visual sensibilities.
C. 
This article defines procedures necessary to avoid results and to preserve and enhance the character, beauty and welfare of the Village and to ensure that the location and design of business, commercial and industrial buildings and signs in the Village shall be such as to aid in creating a balanced and harmonious composition of the whole and in the interrelation of its several parts.
[Amended 8-17-1992 by L.L. No. 9-1992; 3-15-1999 by L.L. No. 5-1999]
The Board of Trustees may engage a professional engineer or architect, as it sees fit, who would serve as consultant to the Planning Board in reviewing plans submitted for approval.
[Amended 8-17-1992 by L.L. No. 9-1992; 5-18-1998 by L.L. No. 2-1998; 3-15-1999 by L.L. No. 5-1999]
A. 
As soon as practical or, in any event, within three business days after determining that an application for a building or sign permit for the construction of any building, structure or sign complies with all provisions of this Code other than this article, the Building Inspector shall transmit to each member of the Planning Board a copy of any such application which comes under the following categories:
(1) 
Construction of any new building or structure or major addition thereto or the construction, erection and/or installation of a sign or signs.
(2) 
Substantial change in the exterior color of a building or facade as a result of painting, siding or other work.
B. 
Application must be accompanied by plans showing all elevations of a new structure and all affected elevations in the case of additions or alterations and/or plans showing the size, design, location, color and content of proposed signs with identification of the material from which the proposed sign is to be constructed.
C. 
Approval of any building or sign permit shall be made by a vote of at least a majority of the members of the Planning Board.
D. 
The Board may approve any application referred to it upon finding that the building, structure or sign for which the permit was requested, if erected, altered or installed in accordance with the submitted plans, would be in harmony with the purpose of this article; would not be visually offensive or inappropriate by reason of poor quality of exterior design, monotonous similarity or striking visual discord in relating to the sites or surroundings; would not mar the appearance of the area; would not impair the use, enjoyment and desirability and reduce the values of properties in the area; would not be detrimental to the character of the neighborhood; would not prevent the most appropriate development and utilization of the site or of adjacent lands; and would not adversely affect the functioning, economic stability, prosperity, health, safety and general welfare of the entire community.
E. 
The Board may disapprove any application for a permit, provided that the Board has afforded the applicant an opportunity to confer upon suggestions for change of the plan, and provided that the Board finds and states that the structure for which the permit was requested would, if erected as indicated, provoke one or more of the harmful effects set forth in § 78-13.
[Amended 8-17-1992 by L.L. No. 9-1992; 3-15-1999 by L.L. No. 5-1999]
The Planning Board is charged with the duty of maintaining the desirable character of the Village and of disapproving construction, reconstruction and alteration of business, residential, commercial and industrial buildings and signs that are designed without consideration of the harmonious relation of the new or altered building or sign to such buildings and/or signs as already exist and the environs in which they are set. The Board is charged with the duty of exercising sound judgment and of rejecting plans which, in its opinion based upon study and advice, are out of character with the surrounding area because of proposed style, materials, mass, line, color, detail, content, placement upon the property or in relation to the spaces between buildings or the natural character of landscape and plantings or because the plans do not provide for the location and design of structures and open spaces so as to create a balanced and attractive composition as a whole and in the relation of its several parts and features to each other. The Board may direct that landscaping and planting plans be made a part of the application for the building permit before approval thereof.
[Amended 8-17-1992 by L.L. No. 9-1992; 3-15-1999 by L.L. No. 5-1999]
Any person aggrieved by a decision of the Planning Board in disapproving a building or sign permit application and of the Building Inspector in denying such permit because of such disapproval may appeal therefrom to the Board of Zoning Appeals of the Village, which Board is hereby granted power to hear and determine all such appeals. Appeals must be taken within 30 days after issuance of the order of the Planning Board denying any building or sign permit application and the filing of the same with the Building Inspector or within 30 days after the denial by the Building Inspector of any building or sign permit application because of such Board disapproval, whichever date is the later. In hearing said appeals, the Board of Zoning Appeals shall follow the same procedure used when hearing any appeal resulting from the denial by the Building Inspector of any building permit.
A. 
An applicant must file with the Board of Zoning Appeals a written notice of appeal, utilizing the form or forms, if any, prescribed by the rules of the Board of Zoning Appeals and specifying in reasonable detail the basis thereof. The said applicant must file copies of the said written notice of appeal with the Planning Board and with the Building Inspector.
[Amended 3-15-1999 by L.L. No. 5-1999]
B. 
The Board of Zoning Appeals, upon receipt of the notice of appeal and the record pertaining thereto, shall fix a reasonable time for the hearing of the appeal and shall give written notice thereof to the appellant, the Building Inspector, the Planning Board and to the Board of Trustees. At the hearing, any party aforementioned may attend and be heard in person or by an attorney or agent. Minutes of such proceedings on appeal shall be kept by the Board of Zoning Appeals for at least three years.
[Amended 3-15-1999 by L.L. No. 5-1999]
C. 
The decision of the Board of Zoning Appeals shall be in writing and shall be sent to all parties notified of the hearing, and the original copy shall be filed with the Clerk of said Board.
A. 
No person, firm or corporation shall construct, reconstruct or alter any building within the limits of the Village of Lake George if the building permit application for such work has been referred to the Planning Board for its approval unless and until said Board has approved such application and a building permit has been issued by the Building Inspector.
[Amended 3-15-1999 by L.L. No. 5-1999]
B. 
Each violation of this article shall be punishable by a fine of not more than $100, and a separate offense shall be deemed committed on each day during or on which a violation occurs or continues. In addition to such fine, the violator shall pay all costs and expenses incurred by the Village in proving such violation.
C. 
In addition to the foregoing, each violation of this article shall constitute disorderly conduct, and every person violating the same shall be a disorderly person.