§ 105-35. Disapproval of application for building or alteration permit.

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; 6-9-1997 by L.L. No. 3-1997